No. 22-815

Victor B. Skaar v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2023-02-28
Status: Denied
Type: Paid
Amici (4) Experienced Counsel
Tags: administrative-law all-writs-act class-action exhaustion exhaustion-requirement federal-circuit injunctive-relief judicial-jurisdiction statutory-authority veterans-affairs veterans-court
Key Terms:
AdministrativeLaw SocialSecurity Privacy ClassAction JusticiabilityDoctri
Latest Conference: 2023-06-15
Question Presented (from Petition)

Does the Veterans Court have statutory or inherent authority to include veterans whose individual claims are not yet exhausted in a class seeking injunctive relief, where the court has jurisdiction over a named representative's claim?

Question Presented (AI Summary)

Does the Veterans Court have statutory or inherent authority to include veterans whose individual claims are not yet exhausted in a class seeking injunctive relief, where the court has jurisdiction over a named representative's claim?

Docket Entries

2023-06-20
Petition DENIED.
2023-05-30
DISTRIBUTED for Conference of 6/15/2023.
2023-05-30
2023-05-15
Brief of respondent Denis McDonough, Secretary of Veterans Affairs in opposition filed.
2023-04-18
Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2023.
2023-04-17
Motion to extend the time to file a response from May 1, 2023 to May 15, 2023, submitted to The Clerk.
2023-03-30
Brief amici curiae of National Organization of Veterans' Advocates, Inc., et al. filed.
2023-03-30
Brief amici curiae of Civil Procedure and Administrative Law Scholars filed.
2023-03-30
Brief amici curiae of National Veterans Legal Services Program, et al. filed.
2023-03-29
Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
2023-03-03
Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2023.
2023-03-02
Motion to extend the time to file a response from March 30, 2023 to May 1, 2023, submitted to The Clerk.
2023-02-24
Petition for a writ of certiorari filed. (Response due March 30, 2023)

Attorneys

Civil Procedure and Administrative Law Scholars
Melanie Lynn BostwickOrrick, Herrington & Sutcliffe LLP, Amicus
Denis McDonough, Secretary of Veterans Affairs
Elizabeth B. PrelogarSolicitor General, Respondent
National Law School Veterans Clinic Consortium
Angela K. DrakeThe Veterans Clinic at the University of Missouri, Amicus
National Organization of Veterans' Advocates, Inc.
Roman Martinez VLatham & Watkins, LLP, Amicus
NVLSP, IAVA and VVA
Paul William BrowningFinnegan, Henderson, Farabow, Garrett & Dunner, Amicus
Victor B. Skaar
Michael J. WishnieJerome N. Frank Legal Services Organization, Petitioner