No. 23-465

Timothy Dolbin v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2023-11-02
Status: Denied
Type: Paid
Response Waived
Tags: appellate-jurisdiction civil-rights class-action mootness personal-stake relation-back rule-23 stare-decisis veterans-affairs veterans-appeals
Latest Conference: 2024-01-05
Question Presented (from Petition)

If a n RCA under Rule 23 of the F ederal Rules of Civil Procedure is dismissed based on an erroneous interpretation of law , but not on the merits, does the named plaintiff seeking to represent the class retain a personal interest to appeal the dismissal if his/her individual claim became moot after the dismissal of the RCA?

Question Presented (AI Summary)

Whether a named plaintiff whose individual claim becomes moot after the denial of a request for class certification and class action can still appeal the denial

Docket Entries

2024-01-08
Petition DENIED.
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-11-24
Waiver of right of respondent McDonough, Denis to respond filed.
2023-10-30

Attorneys

McDonough, Denis
Elizabeth B. PrelogarSolicitor General, Respondent
Timothy J. Dolbin
Adam Ray LuckGloverLuck, LLP, Petitioner