Supreme Court of the United States · Official docket →
Mark H. Bonner v. Denis R. McDonough, Secretary of Veterans Affairs
Paid petition · United States Court of Appeals for the Federal Circuit, No. 21-1817 · judgment December 14, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The U.S. Court of Appeals for Veterans Claims is an Article I court, and does not have the general equity jurisdiction of U.S. District Courts or other Article III courts. Where it does exercise equitable powers, it is pursuant to specific statutory grant. Veterans claims alleging Clear and Unmistakable Error (CUE) are, by statute, exceptions to the doctrine of res judicata (claim preclusion). The questions presented are:
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Whether it is within the jurisdiction of the U.S. Court of Appeals for Veterans Claims to decide a veteran’s claim on the basis of the equitable remedy of collateral estoppel where no statute so provides.
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Whether it is within the jurisdiction of the U.S. Court of Appeals for Veterans Claims to deny a CUE claim on the basis of Collateral Estoppel (issue preclusion) where it is forbidden to do so on the basis of Res Judicata (claim preclusion).
Counsel of record
For petitioner
Mark Healy Bonner
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 03 2022Petition DENIED.
- Jun 22 2022DISTRIBUTED for Conference of 9/28/2022.
- Jun 16 2022Waiver of right of respondent McDonough, Secretary of Veterans Affairs,, Denis to respond filed.
- May 26 2022Petition for a writ of certiorari filed. (Response due July 1, 2022)