Opinions / Panel Activity

Opinion Summary – The Modern Sportsman, LLC v. United States

Early this month the Federal Circuit issued its opinion in The Modern Sportsman, LLC v. United States, a takings case we have been following because it attracted an amicus brief. The case involved allegations the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) committed takings under the Takings Clause of the Fifth Amendment when it banned bump-fire type rifle stocks. The Court of Federal Claims dismissed the case, and Judges Taranto, Wallach, and Chen heard the appeal. Judge Taranto authored a short non-precedential opinion affirming the Court of Federal Claims, and Judge Wallach authored an opinion concurring in the result. This is our opinion summary. 

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Opinions

Opinions & Orders – October 1, 2021

This morning the Federal Circuit issued a precedential opinion in a case appealed in the Court of Federal Claims, addressing arguments that the destruction of firearms under new federal statutes constituted a government taking. The Federal Circuit also issued a nonprecedential opinion addressing the same issue. Notably, Judge Wallach concurred only in the result in both cases. Finally, the court issued a nonprecedential order in a patent case granting a petition for a writ of mandamus to order the Western District of Texas to vacate an order transferring the case from its Austin Division to its Waco Division. Here are the introductions to the opinions and order.

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Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight a disposition in a takings case, a patent case attracting an amicus brief on the issue of the non-obviousness requirement, new briefing in a patent case challenging post-grant review proceedings as violating due process, and four recent oral arguments in cases raising questions related to patent, takings, and veterans law. Here are the details.

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Argument Recap / Panel Activity

Argument Recap – Modern Sportsman, LLC v. United States

Last week the Federal Circuit heard oral argument in four cases that attracted amicus briefs. In one of these cases, Modern Sportsman, LLC v. United States, former owners of bump-fire type rifle stocks assert the Bureau of Alcohol, Tobacco, Firearms and Explosives committed a taking under the Takings Clause of the Fifth Amendment. This is our argument recap.

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Court Week

Court Week – What You Need to Know

This week the Federal Circuit will convene 15 panels to consider about 69 cases. This month, as in the past several months, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. The court will hear oral arguments in 39 of the 69 cases. Of these argued cases, four attracted amicus briefs: one in a takings case, two in patent cases, and one in a veterans case. Here’s what you need to know about these cases.

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Argument Preview / Panel Activity

Argument Preview – Modern Sportsman, LLC v. United States

Four cases being argued next week at the Federal Circuit attracted amicus briefs. One is Modern Sportsman, LLC v. United States. In this case, former owners of bump-fire type rifle stocks assert the Bureau of Alcohol, Tobacco, Firearms and Explosives committed a taking under the Takings Clause of the Fifth Amendment. In particular, the former owners contend the ATF committed either a physical or regulatory taking by using its legislative authority to require the abandonment or total destruction of bump-fire rifle stocks. The former owners allege they complied with the ATF’s legislative rule requiring abandonment and did not receive just compensation in return. The former owners argue that the decision by the Court of Federal Claims dismissing their action should be reversed. This is our argument preview.

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Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight one disposition in a veterans case, new briefs filed in two patent cases raising due process questions related to post grant review proceedings, four recent oral arguments in veterans and government contracts cases, and four upcoming oral arguments in patent, veterans, and takings cases.

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