Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

Henderson v. Shinseki

Docket No. Op. Below Argument Opinion Vote Author Term
09-1036 Fed. Cir. Dec 6, 2010
Tr.Aud.
Mar 1, 2011 8-0 Alito OT 2010
 
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Holding: The deadline for filing a notice of appeal with the Veterans Court does not have jurisdictional consequences, and Congress did not require the 120-day deadline to be treated as jurisdictional. (Kagan, J., recused).

Plain English Holding: The deadline for filing a notice of appeal with the Veterans Court is not jurisdictional.

Plain English Summary:

Judgment: Reversed, 8-0, in an opinion by Justice Samuel Alito on March 1, 2011. (Kagan, J., recused).

SCOTUSblog Coverage

Briefs and Documents

Merits Briefs

Amicus Briefs

Certiorari-Stage Documents

  • Opinion below (Federal Circuit)
  • Petition for certiorari (unavailable)
  • Brief in opposition (unavailable)
  • Petitioner's reply (unavailable)
  • Amicus brief of the National Organization Of Veterans Advocates, Inc. et al. (unavailable)
  • Amicus brief of Paralyzed Veterans of America (unavailable)
  • Amicus brief of the United Spinal Association (unavailable)
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Awards