FedCircuitBlog

Late last month the Federal Circuit issued its opinion in Christensen v. United States, a tax case we have been following because it attracted an amicus brief. Like the case we discussed yesterday, in this case the government appealed a judgment of the Court of Federal Claims based on its view that bilateral tax treaties relieve U.S. taxpayers from double taxation with respect to net investment income tax. In an opinion authored by Judge Stark and joined by Judges Chen and Hughes, the panel reversed the judgment.

This morning, the Federal Circuit released one precedential opinion and four nonprecedential orders. The opinion comes in a case appealed from the Merit Systems Protection Board. As for the orders, one concerns a petition for a writ of mandamus to the Court of Appeals for Veterans Claims, two are summary affirmances of decisions of the Court of Federal Claims, and the other transfers a case to the United States District Court for the Middle District of Georgia. Here are the introductions.

Late last month the Federal Circuit issued its opinion in Bruyea v. United States, a tax case we have been following because it attracted an amicus brief. In this case, the government appealed a judgment of the Court of Federal Claims based on its view that bilateral tax treaties relieve U.S. taxpayers from double taxation with respect to net investment income tax. In an opinion authored by Judge Stark and joined by Judges Chen and Hughes, the panel reversed the judgment. This is our summary of the court’s opinion.

Late Friday afternoon, the Federal Circuit released a nonprecedential opinion concerning a pro se appeal from the Court of Federal Claims and four nonprecedential orders dismissing three appeals and a petition. This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. Today’s opinion comes in a patent case appealed from the Northern District of Illinois. As for today’s orders, one grants a motion to remand a case while the others are dismissals. Here are the introductions to the opinions as well as links to the orders.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released one precedential opinion, one nonprecedential opinion, and three nonprecedential orders. The precedential opinion comes in an antidumping case appealed from the Court of International Trade. The nonprecedential opinion comes in a case appealed from the Court of Federal Claims concerning breach of contract and employment claims. As for the orders, one transfers a case to the Southern District of Ohio, and the other two dismiss an appeal and a petition. Here are the introductions to the opinions and the transfer order as well as links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no cases pending before the Supreme Court that were previously decided by the Federal Circuit. As for pending petitions, since our last update, three new petitions were filed in two patent cases and a pro se case, and two briefs in opposition were filed in a government contract case and a patent case. Here are the details.

This morning, the Federal Circuit released one precedential opinion, four nonprecedential opinions, one dismissal, and four Rule 36 summary affirmances. The precedential opinion comes in a government contract case appealed from the Court of Federal Claims. As for the nonprecedential opinions, two come in veterans cases appealed from the Court of Appeals for Veterans Claims, one comes in a case appealed from the Merit Systems Protection Board, and one comes in a case appealed from the Court of Federal Claims, which dismissed a complaint for lack of jurisdiction. Here are the introductions to the opinions along with links to the orders.

This morning, the Federal Circuit released four nonprecedential opinions and four Rule 36 summary affirmances. Two of the opinions come in veterans cases appealed from the Court of Appeals for Veterans Claims, one comes in a case appealing a final decision of the Merit Systems Protection Board, and one comes in a case appealed from the Court of Federal Claims, which dismissed a complaint for lack of jurisdiction. Here are the introductions to the opinions along with links to the summary affirmances.

Late Friday afternoon, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two precedential opinions and six nonprecedential opinions. Both precedential opinions come in patent cases, one appealed from the Eastern District of Texas and one appealed from the District of Delaware. As for the nonprecedential opinions, two come in veterans cases appealed from the Court of Appeals for Veterans Claims; two come in cases appealed from the Court of Federal Claims, which dismissed the cases for lack of jurisdiction; one comes in a patent case appealed from the Western District of Texas; and one comes in a federal employment case. Here are the introductions to the opinions as well as a link to the dismissal.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released one precedential opinion, four nonprecedential opinions, and three Rule 36 summary affirmances. The precedential opinion comes in a patent case appealed from the Eastern District of Pennsylvania. One of the nonprecedential opinions comes in another patent case appealed from the District of Delaware. Notably, Judge Subramanian, sitting by designation, dissented. Another of the nonprecedential opinions comes in an appeal from the Court of Appeals for Veterans Claims; one comes in an appeal from the Court of Federal Claims; and one comes in an appeal from the Merit Systems Protection Board. Here are the introductions to the opinions along with links to the orders.