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The Latest Breaking News from Federal Circuit

The Battle over Judge Newman's Unconstitutional "Stealth Impeachment" Continues

Judge Newman files a powerful reply to the unprecedented claim of the Federal Circuit's Judicial Council that she can be suspended from her duties indefinitely. And the Judicial Council's recent hiring of adversarial experts raises new questions about bias against Judge Newman.

Federal Appellate Court Rules in Favor of Takings Lawsuit Against the CDC's Covid-Era Eviction Moratorium

The 2-1 decision overrules a trial court decision that went the other way, and could set an important property rights precedent.

Rewards of working like dogs at corporate playground

Rewards of working like dogs at corporate playground

Canine colleagues of workers now have their own playground where employees at a tech giant can walk their dogs outside.

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Therapy dog Poppy lends kids in court a helping paw

Labrador Poppy has been sworn in as the Federal Circuit Court's first official therapy dog to help children and other court users grappling with anxiety.

Federal Circuit Rules Temporary-but-Recurring Flooding of Property by the Government is an Automatic per se Taking

If the government floods private property on a recurring basis, it is automatically required to pay compensation, and owners' claims are not subject to a balancing test.

SCOTUS hears argument in case challenging scope of NLRB authority

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

Federal Circuit re: Bulk Unsealing Plans -- Never Mind

From today's order: Upon further consideration of the court's August 17, 2022 Order, the court finds it impracticable at this time to continue to proceed with the proposed unsealing of previously-identified cases. Specifically, the court finds that there will be insufficient time and considerable, unanticipated administrative difficulty to both the…

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AI Can't Be an "Inventor" Under the U.S. Patent Act

From Thaler v. Vidal, decided today by the Federal Circuit (Judge Tony Leonard Stark, joined by Chief Judge Kimberly Moore and Judge Richard Taranto): This case presents the question of who, or what, can be an inventor. Specifically, we are asked to decide if an artificial intelligence (AI) software system…

'Quite irreparable damage': child family violence survivors on how court silenced and retraumatised them

'Quite irreparable damage': child family violence survivors on how court silenced and retraumatised them

Nobody spoke to Donna* or her sister in the lead up to the family court decision that ordered the children to spend time alone with their father, who was violent. Donna was eight.

The Conversation

Maybe Easier to Get Forgiveness Than Permission -- but Harder If You've Expressly Been Denied Permission

From the Federal Circuit, an opinion related to its COVID protocols; as it happens, the violators here did get forgiveness (at least in the absence of sanctions), but the court seems clear that future violations won't be treated the same way.

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