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Francway v. Wilkie

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Petition for certiorari denied on March 23, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-604 Fed. Cir. N/A N/A N/A N/A OT 2019

Issues: (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in holding that the Department of Veterans Affairs enjoys a presumption that its medical examiner is competent in every veterans-benefit case; and (2) whether the Federal Circuit erred in expanding the presumption of competency so that the VA and reviewing courts presume, not only that VA medical examiners are competent, but also that they are specialists in the relevant area of medicine.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 07 2019Petition for a writ of certiorari filed. (Response due December 9, 2019)
Dec 04 2019Motion to extend the time to file a response from December 9, 2019 to January 8, 2020, submitted to The Clerk.
Dec 04 2019Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
Dec 05 2019Motion to extend the time to file a response is granted and the time is extended to and including January 8, 2020.
Dec 09 2019Brief amicus curiae of Military-Veterans Advocacy Inc. filed.
Dec 17 2019Motion to extend the time to file a response from January 8, 2020 to February 7, 2020, submitted to The Clerk.
Dec 18 2019Motion to extend the time to file a response is granted and the time is further extended to and including February 7, 2020.
Feb 07 2020Brief of respondent Robert Wilkie, Secretary of Veterans Affairs in opposition filed.
Feb 21 2020Reply of petitioner Ernest L. Francway, Jr. filed.
Feb 26 2020DISTRIBUTED for Conference of 3/20/2020.
Mar 23 2020Petition DENIED.