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WOODWARD v. DEPARTMENT OF JUSTICE

No. 2009-8004.

598 F.3d 1311 (2010)

Cynthia WOODWARD, on behalf of herself and minor daughter Molly Woodward, Ashley Martin individually and Brandon Martin individually, Petitioners, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

March 15, 2010.

Attorney(s) appearing for the Case

Tara S. Emory and Joshua B. Smith, Skadden, Arps, Slate, Meagher & Flom, LLP, of Washington, DC, argued for petitioners. With them on the brief were Ross W. Tucker and Nicolas E. Boring.

Tara K. Hogan, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director. Of counsel on the brief were Rafael A. Madan, General Counsel, and Gregory C. Brady and Rosemary Carradini, Deputy General Counsel, Bureau of Justice Assistance, of Washington, DC.

Roncevert Almond, The Wicks Group, PLLC, of Washington, DC, for amicus curiae National Volunteer Fire Council.

Before MAYER, FRIEDMAN, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

Petitioners Cindy Woodward and her children, Ashley Martin, Brandon Martin and minor Molly Woodward ("Petitioners"), are the family of Daniel Neil Woodward, a volunteer firefighter with the Blackman Florida Volunteer Fire Department. Mr. Woodward died in 2001 shortly after fighting a fire. Petitioners submitted a claim to the Bureau of Justice Assistance ("BJA") seeking death benefits under the Public Safety Officers' Benefits Act ("PSOBA"...

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