No. 23-137

Yvonne Crews v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2023-08-15
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law appellate-procedure clear-error congressional-intent effective-date federal-circuit statutory-interpretation substitution substitution-of-claimant veterans-benefits
Key Terms:
AdministrativeLaw SocialSecurity Securities JusticiabilityDoctri
Latest Conference: 2023-10-06
Question Presented (from Petition)

When Congress enacted 38 U.S.C. § 5121A to authorize for the substitution of a deceased claimant was its intent clear that a substituted appellant could take any action that the deceased claimant could have taken prior to his or her death?

Question Presented (AI Summary)

When Congress enacted 38 U.S.C. § 5121A to authorize for the substitution of a deceased claimant, was its intent clear that a substituted appellant could take any action that the deceased claimant could have taken prior to his or her death?

Docket Entries

2023-10-10
Petition DENIED.
2023-09-13
DISTRIBUTED for Conference of 10/6/2023.
2023-09-07
Waiver of right of respondent McDonough, Denis to respond filed.
2023-08-11
Petition for a writ of certiorari filed. (Response due September 14, 2023)

Attorneys

McDonough, Denis
Elizabeth B. PrelogarSolicitor General, Respondent
Yvonne Crews
Kenneth M. CarpenterCarpenter Chartered, Petitioner