Opinions

Opinions & Orders – January 22, 2024

This morning, the Federal Circuit released two precedential opinions, four nonprecedential opinions, and one nonprecedential order. One of the precedential opinions addresses an action brought under the Fair Labor Standards Act. The other precedential opinion, which was previously released as a nonprecedential opinion, addresses an appeal from the Trademark Trial and Appeal Board. Two of the nonprecedential opinions address appeals in patent cases—one from the Patent Trial and Appeal Board and another from a district court. The third nonprecedential opinion addresses an appeal from the Court of Appeals for Veterans Claims, ultimately finding a lack of jurisdiction. Finally, the fourth nonprecedential opinion addresses an appeal from the Civilian Board of Contract Appeals. The order dismisses an appeal. Here are the introductions to the opinions and a link to the order.

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Opinions

Opinions & Orders – January 4, 2024

This morning, the Federal Circuit released one nonprecedential order dismissing a petition for review. Here is the link to the order.

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Opinions

Opinions & Orders – October 9, 2023

This morning, the Federal Circuit did not release any opinions or orders on its website. Late Friday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. Here are the links to the dismissals.

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Opinions

Opinions & Orders – June 13, 2023

Late yesterday and this morning, the Federal Circuit released five nonprecedential orders, three transferring cases to other courts and two dismissing appeals. Here are the introductions to the transfers and one of the dismissals and a link to the other dismissals.

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Opinions

Opinions and Orders – March 22, 2023

This morning, the Federal Circuit released a precedential opinion, a nonprecedential opinion, a nonprecedential order, and a Rule 36 judgment. In the precedential opinion, the court dismissed-in-part and denied-in-part a petition for review regarding the Veterans Affairs Adjudication Procedures Manual. In the nonprecedential opinion, the Federal Circuit affirmed-in-part and dismissed-in-part an appeal from the Court of Appeals for Veterans Claims. And in the nonprecedential order, the Federal Circuit dismissed an appeal. Here are the introductions to the opinions and links to the dismissal and Rule 36 judgment.

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Opinions

Opinions & Orders – October 25, 2022

This morning the Federal Circuit released two nonprecedential opinions. One comes in a patent case appealed from the Patent Trial and Appeal Board; the second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released two nonprecedential orders. One dismisses an appeal and one grants-in-part a motion for summary disposition of a petition. Here are the introductions to the opinions, text from the order, and a link to the dismissal.

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Opinions

Opinions & Orders – September 20, 2022

This morning the Federal Circuit released a precedential opinion granting-in-part a petition to review the interpretations by the Department of Veterans Affairs of two diagnostic codes used to award disability benefits. Notably, Judge Prost dissented. Here are the introductions to the opinions.

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Opinions / Panel Activity

Opinion Summary – Military-Veterans Advocacy Inc. v. Secretary of Veterans Affairs

In June, the Federal Circuit issued its opinion in Military-Veterans Advocacy Inc. v. Secretary of Veterans Affairs, a case we have been following because it attracted an amicus brief. In this case, Military-Veterans Advocacy petitioned the Secretary of Veterans Affairs to issue a rule that would presume Agent Orange herbicide exposure for veterans who had served during specified periods in Guam or Johnston Island. After VA denied MVA’s petition, MVA petitioned the Federal Circuit to set aside VA’s denial and remand the case for rulemaking. In an opinion authored by Judge Prost and joined by Judges Newman and Cunningham, the Federal Circuit denied MVA’s petition. This is our opinion summary.

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Opinions

Opinions & Orders – June 17, 2022

This morning the Federal Circuit released a precedential opinion in a veterans case, denying a petition to set aside the Secretary of Veterans Affairs’ denial of rulemaking. The Federal Circuit also released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Notably, in the second case, Judge Lourie dissented. Late yesterday the Federal Circuit also released a nonprecedential order dismissing a case. Here are the introductions to the opinions and text from the order.

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Opinions

Opinions & Orders – March 25, 2022

This morning the Federal Circuit issued a precedential opinion granting in part and dismissing in part a petition to review a final rule promulgated by the Department of Veterans Affairs. The court also released two nonprecedential opinions in patent cases appealed from the Eastern District of Virginia and the Central District of California. Finally, late yesterday the court issued two nonprecedential orders dismissing cases for failure to prosecute. Here are the introductions to the opinions and orders. 

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