FedCircuitBlog

This week we are previewing two arguments scheduled for next week at the Federal Circuit. We are previewing these arguments because the underlying cases attracted amicus briefs. Today we highlight Milton v. United States, in which over 150 plaintiffs are appealing a decision of the Court of Federal Claims to grant summary judgement for the United States. These plaintiffs have asserted takings claims against the government based on properties being flooded by government action when the Addicks and Barker Reservoirs released water during Hurricane Harvey. An amicus brief was filed by 205 other plaintiffs with similar cases stayed at the Court of Federal Claims. This is our argument preview.

This morning the Federal Circuit issued two precedential opinions in cases appealed from the Court of Federal Claims. The first opinion comes in a case addressing whether a petitioner could recover for injuries occurring after a vaccination. The second opinion comes in a tax refund suit and addresses the subject matter jurisdiction of the Court of Federal Claims and the timeliness of the suit. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, since our last update the Court has not granted certiorari in any cases decided by the Federal Circuit. Three new petitions, however, have been filed with the Supreme Court: two in patent cases and one in a pro se case. Moreover, nine amicus briefs across three cases have been filed. Additionally, four waivers of right to respond, two briefs in opposition, and three replies have been filed. Here are the details.

This morning the Federal Circuit released a precedential opinion in a government contract case. Notably, Judge Newman dissented, but without an opinion. Here is the introduction to the majority’s opinion.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court granted certiorari in a patent case, but notably it did so only to vacate the Federal Circuit’s judgment and remand the case for further consideration of an alleged Appointments Clause violation. Other than that, since our last post one reply in support of a petition has been filed in a veterans case and a waiver of right to respond has been filed in a patent case. Additionally, the Court denied two petitions in cases involving takings claims. Here are the details.

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a case appealed from the Northern District of Alabama concerning a motion to transfer a Fair Labor Standards Act claim to the Court of Federal Claims. The second comes in an employment case appealed from the Merit Systems Protection Board concerning the jurisdiction of the Board. Here are the introductions to the opinions.

This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

This morning the Federal Circuit released three opinions: a precedential opinion addressing jurisdiction in a case appealed from the Court of Federal Claims; a precedential opinion in an international trade case; and a nonprecedential opinion in a pro se case. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last report, however, ten new petitions have been filed in patent, government contract, veterans, and pro se cases; briefs in opposition have been filed in three patent and veterans cases; replies in support of petitions have been filed in three patent cases; the Court requested a response to a petition in a patent case; and the Court denied petitions in three patent, trademark, and pro se cases. Here are the details.

This morning the Federal Circuit released two precedential opinions, a nonprecedential opinion, and two nonprecedential orders. The precedential opinions come in a government contract case appealed from the Court of Federal Claims and a patent case appealed from the Patent Trial and Appeal Board. The nonprecedential opinion comes in a pro se case dismissed for lack of jurisdiction. The nonprecedential orders dismiss petitions for writs of mandamus, one seeking to order transfer in a patent case and the other in an apparent pro se case pending at the Court of Federal Claims. Here are the introductions to the opinions.