This morning the Federal Circuit issued two precedential opinions in related cases appealed from the Court of Federal Claims. The first opinion addresses standing to bring takings claims against the Federal Housing Finance Agency. The second opinion also addresses standing but also subject matter jurisdiction. The Federal Circuit also issued a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board. Finally, the court issued an erratum. Here are the introductions to the opinions and a link to the erratum.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last report, however, ten new petitions have been filed in patent, government contract, veterans, and pro se cases; briefs in opposition have been filed in three patent and veterans cases; replies in support of petitions have been filed in three patent cases; the Court requested a response to a petition in a patent case; and the Court denied petitions in three patent, trademark, and pro se cases. Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court has not granted any petitions in cases decided by the Federal Circuit since our last update. One new petition, however, was filed with the Court in a case involving an appeal from the Merit Systems Protection Board. As for previously filed petitions, one amicus brief, three briefs in opposition, and one reply were filed with the Court in employment, trademark, patent, and takings cases. Additionally, the government filed a waiver of right to respond in a pro se case. Finally, the Court denied three petitions in Tucker Act, patent, and pro se cases. Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update one new petition was filed in a trademark case. Additionally, the government filed two waivers of right to respond. The Court also requested responses to two pending petitions in patent cases. Lastly, the Court denied seven petitions. Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update two new petitions were filed, one raising a question related to patent law’s definiteness requirement and one in a pro se case. Two amicus briefs were filed in a case raising questions concerning the clear and unmistakeable error standard with regarding to a claim for veterans’ benefits. Two waivers of the right to respond to petitions were filed in government contracts and pro se cases. A reply was filed in support of a petition in a veterans case. And, finally, a supplemental brief was filed in a government contracts case. Here are the details.
Opinions & Orders – September 10, 2021
This morning the Federal Circuit issued two nonprecedential opinions in cases appealed from the Merit Systems Protection Board. The court also issued two nonprecedential orders denying petitions for writs of mandamus in patent cases pending in the United States District Court for the Western District of New York and the United States District Court for the Western District of Texas. Finally, the court issued a Rule 36 judgment. Here are the introductions to the opinions and orders and a link to the Rule 36 judgment.
Opinions & Orders – August 31, 2021
This morning the Federal Circuit issued a precedential opinion in a trade case appealed from the United States Court of International Trade. The court also issued three nonprecedential opinions in employment and veteran cases appealed from the Merit Systems Protection Board and the United States Court of Appeals for Veterans Claims respectively. Finally, the court also issued six Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
Opinions & Orders – July 2, 2021
This morning the Federal Circuit issued a precedential opinion in an appeal from a decision of the Merit Systems Protection Board. Here is the introduction to the opinion.
Opinion & Orders – May 5, 2021
This morning, the Federal Circuit issued five opinions: a precedential opinion in a patent case; two nonprecedential opinions involving the same appellant challenging separate decisions of the Merit Systems Protection Board; a nonprecedential opinion in a veterans case; and a nonprecedential opinion in an employment law case challenging an arbitrator’s decision. Here are the introductions of the opinions.
Opinions & Orders – April 9, 2021
This morning, the Federal Circuit released a nonprecedential order in a patent case denying a petition for a writ of mandamus seeking to order the Western District of Texas both to rule on a pending motion to transfer and to stay all other proceedings until that motion is resolved. The Federal Circuit also released five Rule 36 judgments. Here is text from the order and links to the Rule 36 judgments.