FedCircuitBlog

This morning, the Federal Circuit released a precedential opinion in a case appealed from the Court of Appeals for Veterans Claims. In the opinion, the Federal Circuit explains why it dismissed the appeal for lack of jurisdiction. The court also released seven nonprecedential orders, six granting summary affirmances under Rule 36 and one dismissing an appeal. Here is the introduction to the opinion and links to the orders.

This morning, the Federal Circuit released three nonprecedential opinions, one summary affirmance, and four orders dismissing appeals. The nonprecedential opinions affirm a judgment of the Court of Federal Claims dismissing a pro se case for lack of jurisdiction, a judgment of the Court of Appeals for Veterans Claims affirming a dismissal by the Board of Veterans’ Appeals for lack of jurisdiction, and a judgment of the Merit Systems Protection Board dismissing an appeal for lack of subject matter jurisdiction. Here are the introductions to the opinions and links to the summary affirmance and dismissals.

This morning, the Federal Circuit released a nonprecedential opinion in a trade case and four nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the dismissals.

This morning, the Federal Circuit released a precedential order announcing that a majority of the judges in regular active service voted for sua sponte en banc consideration of a case involving an alleged violation of the Equal Pay Act. The court also released a precedential opinion in the same case, vacating a dismissal and remanding the case for further proceedings. In Part II.B of the opinion, the en banc court overruled one of the court’s prior opinions, which the court explains “added an extra element to an EPA claimant’s prima facie case—namely, a showing that the pay differential ‘is either historically or presently based on sex.’” Here is the text of the order and the introduction to the opinion.

Earlier this month, the Federal Circuit heard oral argument in Dixon v. United States, a case that concerns the application of the informal claim doctrine of a tax refund request. Dixon appeals a ruling of the Court of Federal Claims, arguing that the court erred in dismissing his claim based on subject matter jurisdiction or for failure to state a claim for which relief can be granted. Judges Taranto, Clevenger, and Hughes heard the oral argument. This is our argument recap.

This morning, the Federal Circuit released two precedential opinions, the first addressing jurisdiction in a veteran’s case and the second addressing entitlement to attorneys’ fees and expenses under the Equal Access to Justice Act. The court also released a nonprecedential opinion addressing entitlement to annuities by eligible survivors of U.S. military personnel. Finally, the court also dismissed a case. Here are the introductions to the opinion and a link to the dismissal.

The Federal Circuit heard oral argument earlier this month in Jenkins v. United States, a takings case that attracted two amicus briefs. In this case, the Federal Circuit is reviewing a determination by a district court that Jenkins is not entitled to compensation for the loss of his vehicles seized during a criminal investigation. Judges Lourie, Dyk, and Stark heard the oral argument. This is our argument recap.

This morning the Federal Circuit released two precedential opinions in trade and government contracts cases along with three nonprecedential opinions in patent and trade cases. The court also released a nonprecedential opinion transferring an appeal to the Second Circuit along with a dismissal. Here are the introductions to the opinions and order and a link to the dismissal.

The Federal Circuit heard oral argument earlier this month in Solar Energy Industries Association v. United States, a trade case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a determination by the by the Court of International Trade that the “President’s authority to modify a safeguard measure under 19 U.S.C. § 2254(b)(1)(B) is limited solely to ‘trade-liberalizing’ modifications, and that Proclamation 10101 thus went beyond the President’s statutory authority.” Judges Lourie, Taranto, and Stark heard the oral argument. This is our argument recap.

Late yesterday and this morning, the Federal Circuit released a nonprecedential opinion in a veterans case and four nonprecedential orders dismissing or summarily affirming dismissals of cases. Here are the introductions to the opinions and orders.