This week is Court Week at the Federal Circuit, with hearings starting today. As it has for some time now, the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, including a case set to be argued next week, the court will convene 15 panels to consider about 61 cases. Of these 61 cases, the court will hear oral arguments in 48. Of these argued cases, three attracted amicus briefs: two veterans cases and a benefits case. Here’s what you need to know about these three cases.
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.
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This morning the Federal Circuit issued three nonprecedential opinions.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.
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.
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.
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.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Court received three new petitions for writ of certiorari.
- Three new response briefs were filed with the Court in the following cases: Merit Medical Systems, Inc. v. Khan, Maine Community Health Options v. United States, and Sandoz Inc. v. Immunex Corp.
- Two new response briefs were filed with the Court in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC and Khan v. Merit Medical Systems Inc.
- The Court received one new waiver of right to respond from the Secretary of Veterans Affairs in Blanton v. Secretary of Veterans Affairs.
Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court rendered its decision in Google LLC v. Oracle America, Inc., the long-running software copyright case.
- Three amicus briefs were filed in Minerva Surgical, Inc. v. Hologic, Inc., a case that has been granted certiorari.
- The Court received three new petitions for writ of certiorari.
- One new brief in opposition was filed with the Court in response to the petition in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC.
- One new reply brief was filed with the Court in Ericsson Inc. v. TCL Communication Technology Holdings Limited.
- One new amicus brief was filed with the Court in Common Ground Healthcare Cooperative v. United States by Anthem, Inc., Blue Cross of Idaho Health Service, Inc., Highmark Inc., L.A. Care Health Plan, and Molina Healthcare of California, Inc.
- Lastly, the Court denied the petitions in three cases.
Here are the details.
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.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Court received a response brief from Hologic in Minerva Surgical, Inc. v. Hologic, Inc., a case that has been granted certiorari.
- The Court received two new petitions for writ of certiorari in Sowinski v. California Air Resources Board and Merit Medical Systems, Inc. v. Khan.
- One new brief in opposition was filed with the Court in response to the petition in Khan v. Merit Medical Systems Inc.
- Five new amicus briefs were filed with Court.
- Lastly, the Court denied the petition in Simmons v. Secretary of Veterans Affairs.
Here are the details.