( June 10, 2026, 1:20 PM EDT) -- WASHINGTON, D.C. — In a nonprecedential opinion saying the U.S. Court of Federal Claims erred by converting a “motion for summary judgment into a motion to dismiss without providing notice to the parties,” the Federal Circuit U.S. Court of Appeals on June 9 vacated and remanded dismissal of a suit filed against the federal government over a purported water flowage easement; however, the appellate court affirmed four discovery orders in which the lower court generally upheld the government’s assertion of deliberative process privilege, saying it found no abuse of discretion in those rulings....