FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, yesterday the Supreme Court issued an opinion in Harrow v. Department of Defense, one of the two cases decided by the Federal Circuit that it is reviewing this term. With respect to petitions, the Supreme Court granted a petition in a veterans case, Bufkin v. McDonough. In addition, five new petitions were filed, four new briefs in opposition to petitions were filed, four new waivers of the right to respond were filed, and one reply brief was filed. Finally, the Court denied five petitions. Here are the details.

This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, and three nonprecedential orders. The first precedential opinion reverses and remands a judgment of the Court of Appeals for Veterans Claims, while the other precedential opinion affirms the Western District of Texas’s dismissal of a case for failure to state a claim. The first nonprecedential opinion affirms the dismissal of a petition for review by the Merit Systems Protection Board, and the second nonprecedential opinion affirms two final decisions by the Merit Systems Protection Board in a whistleblower case. The first nonprecedential order dismisses an appeal, while the other two nonprecedential orders grant summary affirmances under Rule 36. Here are the introductions to the opinions and links to the orders.

This morning the Federal Circuit released one precedential opinion, four nonprecedential opinions, and two summary affirmances. The precedential opinion reverses and remands a judgment of the Court of Federal Claims in a case involving an application for attorneys’ fees under the Equal Access to Justice Act. Two of the nonprecedential opinions affirm the Merit Systems Protection Board, another dismisses an appeal from a judgment of the Court of Appeals for Veterans Claims, and the fourth affirms an anti-filing injunction entered by the District of Delaware in a patent case. The Federal Circuit also released two nonprecedential orders summarily affirming under Rule 36. Here are the introductions to the opinions and links to the orders.

The Federal Circuit has been busy. This morning it released two precedential opinions and seven nonprecedential orders. One of the precedential opinions comes in a patent case and reverses in part final written decisions of the Patent Trial and Appeal Board. The other precedential opinion comes in a veterans case and affirms dismissal of veterans’ petitions for writs of mandamus. The nonprecedential orders do various things in various cases: deny a motion for permission to appeal, dismiss a petition for review, grant a motion to remand a trademark case back to the Trademark Trial and Appeal Board, grant a motion to transfer a case, dismiss a petition for review as premature, grant a petition by the Director of the Office of Personnel Management for review of a final order of the Merit Systems Protection Board, and grant a motion for summary affirmance. Late yesterday, the Feddral Circuit also released another nonprecedential order dismissing an appeal. Here are the introductions to the opinions and orders, other than the dismissal, which is only linked.

This morning the Federal Circuit released a precedential opinion in a patent case and a nonprecedential order dismissing a petition for review. The opinion describes why the Federal Circuit reversed a decision of the Western District of Texas to dismiss claims for lack of constitutional standing in a patent case. Here is the introduction to the opinion and a link to the dismissal.

This morning, the Federal Circuit released two precedential opinions and two nonprecedential dismissals. One of the opinions, in a case that attracted an amicus brief, addresses a petition for review from a judgment of the Merit Systems Protection Board. The other opinion addressed an appeal from a judgment of the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and links to the orders.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, two new petitions were filed in a veterans case and a pro se case. Additionally, a waiver of right to respond was filed in a pro se case, and a reply brief was filed in a veterans case. Here are the details.

This morning, the Federal Circuit released two nonprecedential opinions and three nonprecedential dismissals. One of the opinions addresses an appeal from a judgment of the Court of Appeals for Veterans Claims, which denied an early effective date for disability compensation. The other opinion addresses an appeal from a judgment of the Merit Systems Protection Board, which denied a request for corrective action under the Whistleblower Protection Act and the Whistleblower Protection Enhancement Act. Here are the introductions to the opinions and links to the dismissals.

This morning, the Federal Circuit released two nonprecedential opinions, three nonprecedential orders, and one Rule 36 summary affirmance. Both of the opinions address appeals from judgments of the Merit Systems Protection Board. The orders are dismissals. Here are the introductions to the opinions and links to the dismissals and summary affirmance.

Earlier this month, the Federal Circuit heard oral argument in Jones v. Merit Systems Protection Board. We’ve been following because this case because it attracted an amicus brief. In this case, the Federal Circuit is reviewing a judgment of the Merit Systems Protection Board. The Board found it lacked jurisdiction over an appeal because the appellant failed to prove he was an “employee” within the meaning of the Civil Service Reform Act of 1978. Judges Lourie, Bryson, and Stark heard the argument. This is our argument recap.