Argument Preview

Argument Preview – Military-Veterans Advocacy, Inc. v. Secretary of Veterans Affairs

We are previewing three cases scheduled to be argued next week at the Federal Circuit that attracted amicus briefs. Today we highlight Military-Veterans Advocacy, Inc. v. Secretary of Veterans Affairs. In this case, Military-Veterans Advocacy, Inc. appeals a denial of rulemaking by the Secretary of Veterans Affairs that would have sought to extend the presumption of herbicide exposure to veterans who served on Guam from January 9, 1962, through December 31, 1980; Johnston Island from January 1, 1972 until September 30, 1977; and American Samoa. Two amicus briefs support MVA on appeal. This is our argument preview.

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Opinions

Opinions & Orders – October 19, 2021

This morning the Federal Circuit issued three nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second and third come in government contract cases appealed from the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals, respectively. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – July 30, 2021

This morning the Federal Circuit issued a precedential opinion invalidating three regulations issued by the Department of Veterans Affairs as inconsistent with the text of the Veterans Appeals Improvement and Modernization Act. Here is the introduction to the opinion.

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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. As for granted cases, we are still waiting for the Court to issue opinions in the two pending patent cases. As for petitions, a new petition was filed in a pro se veterans case; five petitioners filed reply briefs in cases presenting questions related to Tucker Act, patent, and takings law; one petitioner filed a motion to dismiss in a patent case; and the Court denied five petitions in cases involving patent, contracts, and veterans law.

Here are the details.

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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.

  • The Court invited the Acting Solicitor General to file a brief in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, a patent case presenting questions related to eligibility.
  • Five new petitions were filed in patent, veterans, Tucker Act, and trademark cases.
  • Seventeen new briefs in opposition were filed in sixteen cases.
  • Five new reply briefs were filed.
  • One supplemental brief was filed.
  • One amicus brief was filed in a patent case.
  • Five waivers of right to respond were submitted.
  • The Court denied eight petitions.

Here are the details.

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Petitions / 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.

Here are the details.

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Petitions / 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.

Here are the details.

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Symposia

Online Symposium: An Overview of the Federal Circuit’s Most Important 2020 Veterans’ Law Decisions

Guest Post by Blair E. Thompson

In 2020, the Federal Circuit addressed important questions regarding “pro-claimant” policies and rules governing the Department of Veterans Affairs. The court also approved VA’s interpretation of its regulation regarding discharges due to “willful and persistent misconduct” and paved the way for challenges to VA’s internal adjudication policies and procedures manual.

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Petitions / 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.

Here are the details.

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News

Recent News on the Federal Circuit

Here’s the latest.

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