Opinions

Opinions & Orders – May 23, 2024

This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion affirms a judgment of the Trademark Trial and Appeal Board. The nonprecedential opinion affirms a judgment of the Patent Trial and Appeal Board. The nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the order.

Read More
Opinions / Panel Activity

Opinion Summary – Ireland v. United States

Last week the Federal Circuit issued its opinion in Ireland v. United States, a Little Tucker Act case that attracted an amicus brief. In this case, the Federal Circuit reviewed a decision by the Western District of Texas to grant a motion to dismiss for failure to state a claim. In an opinion authored by Judge Stoll that was joined by Judges Lourie and Linn, the Federal Circuit affirmed the judgment of the district court. The Federal Circuit held that the district court properly dismissed the case for failure to state a claim because “[t]he plain language of § 9021(b) does not create a mandatory payment obligation between the Secretary and ‘any covered individual.’” This is our opinion summary.

Read More
Opinions

Opinions & Orders – May 20, 2024

This morning the Federal Circuit released three precedential opinions, one nonprecedential opinion, and three nonprecedential orders. The first precedential opinion affirms a judgment of the District of Delaware regarding an award of attorney’s fees in a patent case. The second affirms a judgment of the Court of Appeals for Veterans Claims, and the third affirms a judgment of the Court of International Trade. The nonprecedential opinion partially reverses a judgment of the Court of Federal Claims in a government contract case. All of the orders are dismissals. Here are the introductions to the opinions and links to the orders.

Read More
Opinions

Opinions & Orders – May 17, 2024

This morning the Federal Circuit released two nonprecedential opinions and five nonprecedential orders. The first opinion affirms a final decision of the Merit Systems Protection Board, which denied review and dismissed an appeal for lack of jurisdiction. The second opinion vacates and remands a judgment of the Armed Services Board of Contract Appeals in a government contract case. The orders are all dismissals. Here are the introductions to the opinions and links to the orders.

Read More
Supreme Court Activity

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, yesterday the Supreme Court issued an opinion in Harrow v. Department of Defense, one of the two cases decided by the Federal Circuit that it is reviewing this term. With respect to petitions, the Supreme Court granted a petition in a veterans case, Bufkin v. McDonough. In addition, five new petitions were filed, four new briefs in opposition to petitions were filed, four new waivers of the right to respond were filed, and one reply brief was filed. Finally, the Court denied five petitions. Here are the details.

Read More
Opinions

Opinions & Orders – May 16, 2024

This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, and three nonprecedential orders. The first precedential opinion reverses and remands a judgment of the Court of Appeals for Veterans Claims, while the other precedential opinion affirms the Western District of Texas’s dismissal of a case for failure to state a claim. The first nonprecedential opinion affirms the dismissal of a petition for review by the Merit Systems Protection Board, and the second nonprecedential opinion affirms two final decisions by the Merit Systems Protection Board in a whistleblower case. The first nonprecedential order dismisses an appeal, while the other two nonprecedential orders grant summary affirmances under Rule 36. Here are the introductions to the opinions and links to the orders.

Read More
Argument Recap

Argument Recap – ACLR, LLC v. United States

Earlier this month, the Federal Circuit heard oral argument in ACLR, LLC v. United States, a government contract case that attracted an amicus brief. In this case, the Federal Circuit will review a judgment of the Court of Federal Claims, which granted the government’s motion for summary judgment. The panel included Judges Prost, Hughes, and Stark. This is our argument recap.

Read More
Opinions

Opinions & Orders – May 15, 2024

This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and three nonprecedential orders. The precedential opinion reverses a judgment of the U.S. Court of International Trade concerning the scope of an antidumping duty order. Notably, Judge Chen dissented. The nonprecedential opinion affirms the denial of a petition for a writ of mandamus by the Court of Appeals for Veterans Claims. The orders are all dismissals. Here are the introductions to the opinions and links to the dismissals.

Read More
Opinions

Opinions & Orders – May 14, 2024

This morning the Federal Circuit released one precedential opinion and two nonprecedential orders. The precedential opinion dismisses for lack of jurisdiction an appeal of a district court’s denial of a motion to dismiss in a patent case. The nonprecedential orders grant summary affirmances under Rule 36. Here are the introductions to the opinions and links to the summary affirmances.

Read More
Opinions

Opinions & Orders – May 10, 2024

This morning the Federal Circuit released one precedential opinion, four nonprecedential opinions, and two summary affirmances. The precedential opinion reverses and remands a judgment of the Court of Federal Claims in a case involving an application for attorneys’ fees under the Equal Access to Justice Act. Two of the nonprecedential opinions affirm the Merit Systems Protection Board, another dismisses an appeal from a judgment of the Court of Appeals for Veterans Claims, and the fourth affirms an anti-filing injunction entered by the District of Delaware in a patent case. The Federal Circuit also released two nonprecedential orders summarily affirming under Rule 36. Here are the introductions to the opinions and links to the orders.

Read More