FedCircuitBlog

Today, Judge Christopher R. Cooper of the U.S. District Court for the District of Columbia issued a memorandum opinion and order in Judge Newman’s lawsuit, which asserts facial and as-applied constitutional challenges to the Judicial Conduct and Disability Act and the statutory provision creating circuit judicial councils. The opinion and order denies Judge Newman’s motion for a preliminary injunction that would have “prohibit[ed] Defendants from continuing her suspension from new case assignments and from proceeding with any further disciplinary proceedings until the matter is transferred to the judicial council of another circuit.” The opinion and order also grants the defendants’ motion to dismiss all but three of Judge Newman’s claims based on lack of jurisdiction and failure to state a claim. Here is the introduction to the opinion and order.

This morning, the Federal Circuit released a precedential order announcing that a majority of the judges in regular active service voted for sua sponte en banc consideration of a case involving an alleged violation of the Equal Pay Act. The court also released a precedential opinion in the same case, vacating a dismissal and remanding the case for further proceedings. In Part II.B of the opinion, the en banc court overruled one of the court’s prior opinions, which the court explains “added an extra element to an EPA claimant’s prima facie case—namely, a showing that the pay differential ‘is either historically or presently based on sex.’” Here is the text of the order and the introduction to the opinion.

This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims concerning attorney’s fees. In the opinion, the Federal Circuit explained why it vacated the award of attorney’s fees and remanded the case for a redetermination of the fees. The Federal Circuit also released three nonprecedential orders. Two transfer appeals to the Court of Appeals for the Second Circuit and one dismisses an appeal. Here is the introduction to the opinion, text from the orders, and a link to the dismissal.

This morning, the Federal Circuit issued one precedential opinion in a patent case. Additionally, the Federal Circuit issued four nonprecedential opinions: two concerning appeals from the Merit Systems Protection Board, one in a veterans case, and one in a patent case. Here are the introductions to the opinions.

This morning the Federal Circuit issued one precedential opinion in a patent case, two nonprecedential opinions in patent cases, two nonprecedential opinions in veterans cases, one nonprecedential opinion in a takings case, one nonprecedential opinion in a Vaccine Act case, and one nonprecedential opinion in a tax case. Here are the introductions to the opinions.