No. 21-1505

Mark H. Bonner v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2022-06-01
Status: Denied
Type: Paid
Response Waived
Tags: article-i-court clear-and-unmistakable-error clear-unmistakable-error collateral-estoppel equitable-jurisdiction equitable-remedy federal-circuit res-judicata veterans-claims
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the U.S. Court of Appeals for Veterans Claims has jurisdiction to decide a veteran's claim based on the equitable remedy of collateral estoppel

Question Presented (from Petition)

QUESTIONS PRESENTED The U.S. Court of Appeals for Veterans Claims is an Article I court, and does not have the general equity jurisdiction of U.S. District Courts or other Article II courts. Where it does exercise equitable powers, it is pursuant to specific statutory grant. Veterans claims alleging Clear and Unmistakable Error (CUE) are, by statute, exceptions to the doctrine of res judicata (claim preclusion). The questions presented are: (1) Whether it is within the jurisdiction of the US. Court of Appeals for Veterans Claims to decide a veteran’s claim on the basis of the equitable remedy of collateral estoppel where no statute so provides. (2) Whether it is within the jurisdiction of the US. Court of Appeals for Veterans Claims to deny a CUE claim on the basis of Collateral Estoppel (issue preclusion) where it is forbidden to do so on the basis of Res Judicata (claim preclusion).

Docket Entries

2022-10-03
Petition DENIED.
2022-06-22
DISTRIBUTED for Conference of 9/28/2022.
2022-06-16
Waiver of right of respondent McDonough, Secretary of Veterans Affairs,, Denis to respond filed.
2022-05-26
Petition for a writ of certiorari filed. (Response due July 1, 2022)

Attorneys

Mark H. Bonner
Mark Healy Bonner — Petitioner
Mark Healy Bonner — Petitioner
McDonough, Secretary of Veterans Affairs,, Denis
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent