Editor's Note :

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On Tuesday at 9:30 a.m., the justices are expected to release orders from their October 11 conference.
On Tuesday at 10:00 a.m., the justices will hear oral argument in Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC. Click to read Amy Howe's 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

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.

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

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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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