Earlier this month, the Federal Circuit issued its opinion in Dixon v. United States, a tax case that attracted an amicus brief. In this case, the Federal circuit reviewed a judgment of the Court of Federal Claims dismissing Dixon’s claim for lack of subject-matter jurisdiction and, in the alternative, for failure to state a claim upon which relief could be granted. In an opinion authored by Judge Taranto and joined by Judges Clevenger and Hughes, the Federal Circuit affirmed the judgment of the Court of Federal Claims. This is our opinion summary.
Update on Important Panel Activity
Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight an opinion in a tax case, an opinion in a government contract case, a patent case and a pro se employment case with new briefing, and an oral argument recap in a case concerning the Clean Water Act. Here are the details.
Opinions & Orders – May 10, 2023
This morning, the Federal Circuit released two precedential opinions, one in a government contract case and one in a tax case. The court also released three nonprecedential opinions, all in patent cases. The court also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.
Argument Recap – Dixon v. United States
Earlier this month, the Federal Circuit heard oral argument in Dixon v. United States, a case that concerns the application of the informal claim doctrine of a tax refund request. Dixon appeals a ruling of the Court of Federal Claims, arguing that the court erred in dismissing his claim based on subject matter jurisdiction or for failure to state a claim for which relief can be granted. Judges Taranto, Clevenger, and Hughes heard the oral argument. This is our argument recap.
Court Week – What You Need to Know
This week is Court Week at the Federal Circuit. In total, the court will convene twelve panels to consider 52 cases this week. Of these 52 cases, the court will hear oral arguments in 35. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. Of the argued cases, five cases attracted amicus briefs. Here’s what you need to know about these five cases.
Argument Preview – Dixon v. United States
One of the five cases being argued in April at the Federal Circuit that attracted an amicus brief is Dixon v. United States, a tax case. In this case, the Federal Circuit will review a decision of the Court of Federal Claims to dismiss Dixon’s “assessed additional income tax claim” for lack of subject-matter jurisdiction, and in the alternative for failure to state a claim upon which relief can be granted. This is our argument preview.
Update on Important Panel Activity
Here is another update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions for patent cases and another that addresses jurisdiction. We also highlight four new cases (a contract case, a trade case, a takings case, and a tax case), all of which are set to be argued next month, along with a patent case. Additionally, we highlight an argument recap in patent case. Here are the details.