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Scott v. McDonald

Petition for certiorari denied on October 3, 0016

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)
01/06/2015Application (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.
01/11/2016Application (15A709) granted by The Chief Justice extending the time to file until February 19, 2016.
02/19/2016Petition for a writ of certiorari filed. (Response due March 21, 2016)
02/26/2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitiioner.
03/15/2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
03/16/2016Brief amicus curiae of National Organization of Veterans Advocates, Inc. filed.
03/16/2016Brief amicus curiae of New York State Bar Association filed.
03/21/2016Brief amicus curiae of Disabled American Veterans filed.
03/21/2016Brief amicus curiae of Paralyzed Veterans of America filed.
03/21/2016Brief amicus curiae of National Veterans Legal Services Program filed.
03/21/2016Brief amicus curiae of Federal Circuit Bar Association filed.
03/21/2016Waiver of right of respondent Robert A. McDonald, Secretary of Veterans Affairs to respond filed.
03/30/2016DISTRIBUTED for Conference of April 15, 2016.
04/06/2016Response Requested . (Due May 6, 2016)
04/26/2016Order extending time to file response to petition to and including June 6, 2016.
06/06/2016Brief of respondent Robert A. McDonald, Secretary of Veterans Affairs in opposition filed.
06/17/2016Reply of petitioner Curtis Scott filed.
06/22/2016DISTRIBUTED for Conference of September 26, 2016.
10/03/2016Petition DENIED.