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Blue Water Navy Vietnam Veterans Association, Inc. v. Robert Wilkie, Secretary of Veterans Affairs

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2016-1793 · judgment November 16, 2017

GVR'd · June 24, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I. Whether this Court Should Grant Certiorari to Resolve an Important Point of Law and a Conflict Between Circuits Concerning Judicial Review of an Interpretative VA Regulation Under the Administrative Procedures Act and Whether It Should Be Foreclosed Under 38 U.S.C. § 502 When the Veterans Judicial Reform Act Provides the Sole Avenue for Review of the Secretary’s Decisions. II. Whether the Decision in the Court below Creates a Conflict with the Court of Appeals for the District of Columbia Circuit Case of Blue Water Navy Vietnam Veterans Association, Inc. and MilitaryVeterans Advocacy, Inc. v. McDonald, 830 F.3d 570 (D.C. Cir. 2016).

Counsel of record

For petitioner
John Bennett Wells

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 4 conferences

Related
Vide, 17-1679

Proceedings

  1. Jul 26 2019
    JUDGMENT ISSUED.
  2. Jun 24 2019
    Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U.S. 36 (1950).
  3. Jun 17 2019
    DISTRIBUTED for Conference of 6/20/2019.
  4. Jun 17 2019
    Supplemental brief of petitioner Blue Water Navy Vietnam Veterans Association, Inc. filed. (Distributed)
  5. Oct 29 2018
    DISTRIBUTED for Conference of 11/2/2018.
  6. Oct 22 2018
    DISTRIBUTED for Conference of 10/26/2018.
  7. Sep 26 2018
    DISTRIBUTED for Conference of 10/12/2018.
  8. Sep 24 2018
    Reply of petitioner Blue Water Navy Vietnam Veterans Association, Inc. filed. (Distributed)
  9. Sep 07 2018
    Brief of respondent Robert Wilkie, Secretary of Veterans Affairs in opposition filed. VIDED.
  10. Jul 30 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including September 7, 2018.
  11. Jul 27 2018
    Motion to extend the time to file a response from August 22, 2018 to September 7, 2018, submitted to The Clerk.
  12. Jul 19 2018
    Motion to extend the time to file a response from July 23, 2018 to August 22, 2018, submitted to The Clerk.
  13. Jul 19 2018
    Motion to extend the time to file a response is granted and the time is extended to and including August 22, 2018.
  14. Jun 18 2018
    Petition for a writ of certiorari filed. (Response due July 23, 2018)