United States Federal Circuit - March 2001 Opinion Summaries

U.S. ECOLOGY, INC. v. US

Government Contracts
Government's acceptance of payment from a third party that could have benefited from the government contract, if certain conditions are fulfilled,...

BUTLER v. PRINCIPI

Government Benefits
Under 38 USC 7105(b), the "presumption of regularity" applies to mailing a copy of a notice of appeal rights to a veteran and does not conflict with...

SINGLETON v. MERIT SYS. PROT. BD.

Civil Procedure, Labor & Employment Law
Even if plaintiff could prevail on his claim that he was not promoted in reprisal for making a protected disclosure, he lacks an effective remedy...

WHITE v. PRINCIPI

Government Benefits
Adopting the "treating physician" rule in veterans' benefits cases conflicts with 38 CFR 3.303(a), which requires consideration of the entire record...

MARINO v. OFFICE OF PERS. MGMT.

Government Benefits, Labor & Employment Law
A "light-duty" assignment to a worker's job or work environment is not an "accommodation" of a disabling condition when seeking disability retirement...

PROCHORNENKO v. US

Tax Law
Taxpayers are not entitled to reduce their partnership tax liability based on the statutory right to a consistent settlement of "partnership items"...

INS. CO. OF THE WEST v. US

Government Contracts
A subrogee may rely on the waiver of sovereign immunity in the Tucker Act, 28 USC 1491, after stepping into the shoes of a government contractor, and...

PERRY v. OFFICE OF PERS. MGMT.

Family Law, Government Benefits
Board's determination that a state divorce decree was a qualifying order 5 USC 8345(j)(1) where ex-spouse was awarded half of the 'value' of the...

HITZEMAN v. RUTTER

International Law, Patent
Where substantial evidence supports the Board of Patent Appeals' conclusion that appellants did not conceive of particle size and sedimentation rate...

KROLL v. FINNERTY

Ethics & Disciplinary Code, Patent
The Patent and Trademark Office's ("PTO") authority to regulate patent law before the PTO under 35 USC 2(b)(2)(D) and 35 USC 32 will not preempt a...