Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the government’s reply brief was filed in Vidal v. Elster, a trademark case concerning the First Amendment. With respect to pending petitions, one new petition was filed with the Court in a pro se case, a waiver of right to respond was filed in another pro se case, and a brief in opposition was filed in response to a petition asking the Court to consider whether the deadline to file a petition to review a decision of the Merit Systems Protection Board is jurisdictional. In addition, the Court denied the petitions in two employment cases, two veterans cases, a patent case, and a pro se case, and the Court also dismissed the petitions in four pro se cases. Here are the details.
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 a new patent case, a reply brief in another patent case, oral arguments in a takings case and a pro se case, and an opinion in a patent case. Here are the details.
Opinions & Orders – October 5, 2023
This morning, the Federal Circuit released two nonprecedential opinions and four nonprecedential orders. Both opinions address jurisdictional issues. One order transfers a case to an Illinois district court, one order dismisses a case, and two are Rule 36 judgments. Here are the introductions to the opinions, text from the order transferring a case, and links to the Rule 36 judgments and dismissal.
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 came in a patent case addressing both joinder in inter partes review proceedings and the Federal Vacancies Reform Act. The other came in a case addressing the Fair Labor Standards Act. Additionally, three waivers of right to respond were filed in the same patent case, and a brief in opposition was filed in another patent case addressing joint inventorship. Finally, the Court denied nine petitions in three patent cases, a trade case, and five pro se cases. Here are the details.
Opinions & Orders – October 3, 2023
This morning, the Federal Circuit released six nonprecedential orders. Three grant summary affirmance in cases appealed from the Merit Systems Protection Board and three dismissal appeals. Here are the introductions to the summary affirmances and links to the dismissals.
Opinions & Orders – October 2, 2023
This morning, the Federal Circuit released one precedential opinion and one nonprecedential order. The opinion addresses a suit against the government in which a lumber company sought compensation for an alleged taking arising from operation of the so-called Trails Act. The order dismisses an appeal from the Court of Federal Claims. Late Friday, the Federal Circuit also released another nonprecedential order dismissing an appeal from a Texas district court. Here is the introduction to the opinion and links to the dismissals.
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. While no new petitions were filed with the Court, waivers of right to respond were filed in a patent case and a pro se case, a brief in opposition was filed in a trade case presenting questions related to separation of powers and steel tariffs, and three amicus briefs were filed in a veterans case. Here are the details.
Opinions & Orders – September 19, 2023
This morning, the Federal Circuit released one nonprecedential opinion and five nonprecedential orders. The opinion addressed an appeal to the Merit Systems Protection Board regarding a disputed charge of insubordination. The five orders are dismissals. Here is the introduction to the opinion and links to the dismissals.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for pending cases, in Rudisill v. McDonough, a veterans case, the government filed its merits brief. In addition, the Court set dates for oral arguments in both Rudisill v. McDonough and Vidal v. Elster, a trademark case. As for pending petitions, one new petition was filed in a pro se case. Additionally, the government waived its right to respond in one veterans case and five pro se cases. Here are the details.
Argument Recap – Darby Development Co. v. United States
Last Thursday, the Federal Circuit heard oral argument in Darby Development Co. 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 to dismiss physical takings and illegal exaction claims. These claims relate to the Center for Disease Control’s eviction moratorium enacted during the onset of the COVID-19 pandemic. Judges Dyk, Prost, and Stoll heard the parties’ arguments. This is our argument recap.