This past Tuesday, the court heard oral argument in Monroe v. United States, an appeal from the United States Court of Federal Claims. We have been following this Equal Access to Justice Act case because it attracted an amicus brief. On appeal, the United States asks the Federal Circuit to overrule what it characterizes as an abuse of discretion by the trial court in awarding attorney’s fees and expenses to the plaintiff-appellee. Monroe contends he “prevailed at each procedural stage of the litigation” and, as result, “a fully compensatory fee award was warranted.” The arguments regarding the award of fees and expenses in an EAJA action attracted an amicus brief in support of Monroe. Judges Moore and Chen heard Tuesday’s argument. Judge Clevenger was assigned to this panel, but he was not present for the argument. This is our argument recap.
This week is Court Week at the Federal Circuit, with hearings starting today. Arguments are being held in person absent granted motions for leave to appear remotely, and the Federal Circuit is also providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene 14 panels to consider about 59 cases. Of these 59 cases, the court will hear oral arguments in 52. Of these argued cases, three attracted amicus briefs: an Equal Access to Justice Act case, a trademark case, and a tax case. Here’s what you need to know about these three cases.
This week we are previewing three cases scheduled to be argued next week at the Federal Circuit that attracted amicus briefs. Today we highlight an Equal Access to Justice Act case, Monroe v. United States. In this case, the United States asks the Federal Circuit to overrule what it characterizes as an abuse of discretion by the trial court in awarding attorney’s fees and expenses to the plaintiff-appellee. This is our argument preview.