FedCircuitBlog

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 three opinions, two in takings cases and one in a vaccine case, and a summary affirmance in a case appealed from the Merit Systems Protection Board. We also highlight reply brief in a patent case and oral arguments in two cases, a patent case and a case appealed from the Merit Systems Protection Board. Here are the details.

Earlier this month, the Federal Circuit issued its opinion in Ideker Farms, Inc. v. United States, a takings case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a conclusion of the Court of Federal Claims that the government’s action was the cause-in-fact of flooding damage and that, as a result, a taking-by-flooding occurred. In an opinon authored by Chief Judge Moore and joined by Judges Prost and Taranto, the Federal Circuit affirmed in part, vacated in part, and remanded the case. This is our opinion summary.

This morning, the Federal Circuit released a precedential opinion in a takings case that attracted an amicus brief. In the opinion, the court held in part that “the trial court properly applied the stabilization doctrine to this case and did not clearly err” in determining the timing of when the taking accrued. The court, however, vacated the trial court’s denial of crop damages and its finding that the government did not causally contribute to certain flooding and remanded the case. In addition, this morning the court also released an erratum. Here is the introduction to the opinion and a link to the erratum.

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 two new cases, one with an upcoming oral argument. Additionally, we highlight an opinion in a patent case, a patent case with a new brief, and argument recaps for three cases that were heard in October. Here are the details.

Last week, the Federal Circuit heard oral argument in Ideker Farms, Inc. v. United States, a case that concerns the federal government’s liability for taking private property. Specifically, in this case, the Federal Circuit is reviewing the conclusion of the Court of Federal Claims that the government’s action was the cause-in-fact of flooding damage and that, as a result, a taking-by-flooding occurred. The government appealed the CFC’s judgment, while Ideker Farms cross-appealed. The panel hearing the oral argument included Chief Judge Moore and Judges Prost and Taranto. This is our argument recap.

This week is Court Week at the Federal Circuit, with hearings starting tomorrow and extending to next Monday. As the court previously announced, some of this week’s arguments will take place in Philadelphia. Regardless of where the arguments take place—Philadelphia or Washington D.C.—the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene thirteen panels to consider 65 cases. Of these 65 cases, the court will hear oral arguments in 45. And of these argued cases, three cases attracted amicus briefs. Here’s what you need to know about these three cases.

Three cases being argued in November at the Federal Circuit attracted amicus briefs. One of those cases attracted four amicus briefs. That case is Ideker Farms, Inc. v. United States. It concerns the federal government’s liability for taking private property. Specifically, in this case, the Federal Circuit will review the conclusion of the Court of Federal Claims that the government’s action was the cause-in-fact of flooding damage and that, as a result, a taking-by-flooding occurred. The government appeals the CFC’s judgment, while Ideker Farms cross-appeals. This is our argument preview.

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 takings case, two patent cases with new briefing, one patent case in which one of three appellants voluntarily dismissed its appeal, and three cases (two takings cases and one government contracts case) with upcoming oral arguments. Here are the details.