Panel Activity

Update on Important Panel Activity

Here is an 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 one new opinion in a veterans case and four new cases that attracted amicus briefs: a veterans case and three patent cases. We also highlight new briefing in two patent cases as well as recent oral arguments in a trademark case and veterans case. Here are the details.

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Opinions / Panel Activity

Opinion Summary – Frantzis v. McDonough

Earlier this month the Federal Circuit issued it opinion in Frantzis v. McDonough, a veterans case that attracted two amicus briefs. In this case, the Federal Circuit reviewed a determination by the Court of Veterans Claims that, under the Veterans Appeals Improvement and Modernization Act, a claimant is not entitled to an opportunity for a hearing before the Board member who ultimately decides the administrative appeal. The Federal Circuit, in an opinion authored by Chief Judge Moore that was joined by Judges Clevenger and Chen, affirmed the judgment of the Court of Veteran Claims. This is our opinion summary.

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Argument Recap / Panel Activity

Argument Recap – Freund v. McDonough

Last week, the Federal Circuit heard oral argument in Freund v. McDonough, a veterans case that attracted an amicus brief. In this case, the Federal Circuit will review a judgment of the Court of Appeals for Veterans Claims, which dismissed the case as moot and denied Freund’s request for class certification. Judges Dyk, Hughes, and Stoll heard the argument. This is our argument recap.

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Opinions

Opinions & Orders – June 13, 2024

This morning the Federal Circuit released two nonprecedential opinions. The first opinion dismisses an appeal from the Court of Appeals for Veterans Claims. The second opinion affirms a judgment of the Merit Systems Protection Board, which dismissed claims for lack of jurisdiction. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – June 12, 2024

This morning the Federal Circuit released one nonprecedential opinion and one nonprecedential order. The nonprecedential opinion affirms a judgment of the Patent Trial and Appeal Board. The order dismisses and appeal from the Court of Appeals for Veterans Claims as moot. Here is the introduction to the opinion and link to the order.

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Opinions

Opinions & Orders – June 7, 2024

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three nonprecedential orders. The precedential opinion reverses and remands in a Tucker Act case decided by the Court of Federal Claims. The first nonprecedential opinion affirms a judgment of the Court of Federal Claims, which dismissed a complaint for lack of jurisdiction. The second nonprecedential opinion dismisses an appeal from the Court of Appeals for Veterans Claims. One of the orders dismisses an appeal from the Patent Trial and Appeal Board as moot, while the two other orders are Rule 36 summary affirmances. Here are the introductions to the opinions and the links to the orders.

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Opinions

Opinions & Orders – June 6, 2024

This morning the Federal Circuit released two nonprecedential opinions and two Rule 36 judgments. The first opinion affirms a judgment in a pro se case appealed from the Court of Federal Claims, and the second opinion dismisses an appeal from the Court of Appeals for Veterans Claims for lack of jurisdiction. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Supreme Court Activity

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 granted cases, we are still waiting on the Supreme Court to issue its opinion in one case. With respect to petitions, one new waiver of the right to respond was filed in a pro se case, and the Court denied the petitions in a pro se case and in a veterans case. Here are the details.

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Opinions

Opinions & Orders – June 5, 2024

This morning the Federal Circuit released one nonprecedential opinion, four nonprecedential orders, and five nonprecedential Rule 36 judgments. The opinion dismisses an appeal in a pro se case for lack of jurisdiction. All of the orders are dismissals. Here is the introduction to the opinion and links to the orders and summary affirmances.

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Opinions

Opinions & Orders – June 4, 2024

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three nonprecedential orders. The precedential opinion affirms a judgment of the Court of Appeals for Veterans Claims. The first nonprecedential opinion affirms a judgment of the Merit Systems Protection Board in a pro se case, while the second dismisses an appeal from the Court of Appeals for Veterans Claims for lack of subject matter jurisdiction. The first nonprecedential order remands a case vacated by the Supreme Court to the Court of Appeals for Veterans Claims, and the other two orders are both dismissals. Here are the introductions to the opinions and first order and links to the dismissals.

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