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Scott v. McDonald

Petition for certiorari denied on October 3, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-1054 Fed. Cir. N/A N/A N/A N/A OT 16

Issue: Whether it was error, and contrary to Sims v. Apfel, for the Federal Circuit to allow the Court of Appeals for Veterans Claims to refuse to address a veteran’s argument that he was improperly deprived of a hearing during the adjudication of his benefits claim solely because the veteran did not expressly name that precise issue in non-adversarial proceedings before the Board of Veterans’ Appeals.

DateProceedings and Orders (key to color coding)
Jan 6 2015Application (15A709) to extend the time to file a petition for a writ of certiorari from January 20, 2016 to February 19, 2016, submitted to The Chief Justice.
Jan 11 2016Application (15A709) granted by The Chief Justice extending the time to file until February 19, 2016.
Feb 19 2016Petition for a writ of certiorari filed. (Response due March 21, 2016)
Feb 26 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitiioner.
Mar 15 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Mar 16 2016Brief amicus curiae of National Organization of Veterans Advocates, Inc. filed.
Mar 16 2016Brief amicus curiae of New York State Bar Association filed.
Mar 21 2016Brief amicus curiae of Disabled American Veterans filed.
Mar 21 2016Brief amicus curiae of Paralyzed Veterans of America filed.
Mar 21 2016Brief amicus curiae of National Veterans Legal Services Program filed.
Mar 21 2016Brief amicus curiae of Federal Circuit Bar Association filed.
Mar 21 2016Waiver of right of respondent Robert A. McDonald, Secretary of Veterans Affairs to respond filed.
Mar 30 2016DISTRIBUTED for Conference of April 15, 2016.
Apr 6 2016Response Requested . (Due May 6, 2016)
Apr 26 2016Order extending time to file response to petition to and including June 6, 2016.
Jun 6 2016Brief of respondent Robert A. McDonald, Secretary of Veterans Affairs in opposition filed.
Jun 17 2016Reply of petitioner Curtis Scott filed.
Jun 22 2016DISTRIBUTED for Conference of September 26, 2016.
Oct 3 2016Petition DENIED.