Today, the Federal Circuit released a precedential opinion affirming a Special Master in a vaccine case over a dissent by Judge Mayer and three nonprecedential opinions in a patent case, a Merit Systems Protection Board case, and a veterans case. The court also released a nonprecedential order transferring two appeals and another nonprecedential order dismissing an appeal. Here are the introductions to the opinions and transfer order along with a link to the dismissal.
Opinions & Orders – December 11, 2023
Today the Federal Circuit released a precedential opinion in a government contract case and a nonprecedential opinion in a pro se case. The court also released two nonprecedential orders granting summary affirmances. Here are the introductions to the opinions and links to the orders.
Opinions & Orders – December 6, 2023
This morning, the Federal Circuit released one precedential opinion in a trade case appealed from the Court of International Trade and four nonprecedential opinions in pro se cases. The Federal Circuit also released four nonprecedential orders, three granting summary affirmances and one dismissing an appeal. Here are the introductions to the opinions and links to the orders.
Opinions & Orders – December 5, 2023
This morning, the Federal Circuit released two nonprecedential opinions, one nonprecedential order granting a summary affirmance, and two nonprecedential orders dismissing appeals. The opinions come in a case appealed from the Trademark Trial and Appeal Board and a case appealed from the Merit Systems Protection Board, respectively. Here are the introductions to the opinions and links to the summary affirmance and dismissals.
Opinions & Orders – December 4, 2023
This morning, the Federal Circuit released two precedential opinions in a trade case and a patent case, a nonprecedential order denying a petition for a writ of mandamus seeking to order a district court to vacate an order to produce certain documents, and three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and the order denying the petition and links to the dismissals.
Argument Preview – City of Fresno v. United States
As we have been reporting this week, three cases being argued in December at the Federal Circuit attracted amicus briefs. One of those cases is City of Fresno v. United States. In this case, the Federal Circuit will review a judgment by the Court of Federal Claims ruling on cross-motions for summary judgment related to breach of contract and Fifth Amendment takings claims. The plaintiffs argue on appeal that the trial court erred both in concluding that the contractual water rights in question were subordinate to the rights of others during a drought and by dismissing takings claims for lack of standing. This is our argument preview.
Update on Important Panel Activity
Here is an 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 two recent opinions in cases that attracted amicus briefs: one a patent case and one a trade case; three new cases we have identified that attracted amicus briefs: a takings case, a trademark case, and a veterans case; and new briefing in several cases that previously attracted amicus briefs: a new response brief in a patent case, two new reply briefs in patent cases, and supplemental briefing in a pro se case. 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. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, two new petitions were filed with the Court, one in a veterans case and one in a pro se case. Additionally a waiver of right to respond was filed in a pro se case and an amicus brief was filed in a patent case raising a question related to the Federal Vacancies Reform Act. Finally, the Court denied petitions in a Tucker Act case and in a takings case. Here are the details.
Opinions & Orders – November 22, 2023
This morning, the Federal Circuit released a precedential opinion in a “rails-to-trials” takings case appealed from the Court of Federal Claims and a nonprecedential opinion in a trademark case appealed from the Trademark Trial and Appeal Board. Late yesterday the Federal Circuit also dismissed an appeal. Here are the introductions to the opinions and a link to the dismissal.
Argument Recap – Boyer v. United States
Earlier this month, the Federal Circuit heard oral argument in Boyer v. United States. In this case, the Federal Circuit is reviewing a decision by the Court of Federal Claims to grant the government’s motion for summary judgment of a pay discrimination claim under the Equal Pay Act. The appeal relates primarily to the plaintiff’s argument that the trial court incorrectly relied only on salary history to establish its affirmative defense. Judges Dyk, Chen, and Stoll heard the parties’ arguments. This is our argument recap.