MONK v. SHULKIN

2015-7092, 2015-7106.

855 F.3d 1312 (2017)

Conley F. MONK, Jr., Claimant-Appellant v. David J. SHULKIN, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: April 26, 2017.


Attorney(s) appearing for the Case

JOHN GIAMMATTEO , LIANG SHU , Jerome N. Frank Legal Services Organization, New Haven, CT, argued for claimant-appellant. Also represented by MICHAEL JOEL WISHNIE , MARIO GAZZOLA , JASON PARKIN , JESSICA PURCELL.

AGATHA KOPROWSKI , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by BENJAMIN C. MIZER , ROBERT E. KIRSCHMAN, JR. , MARTIN F. HOCKEY ; BRIAN D. GRIFFIN , AMANDA BLACKMON , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

JONATHAN FREIMAN , Wiggin and Dana LLP, New Haven, CT, for amici curiae William Gunn, Mary Lou Keener. Also represented by LORA JOHNS.

BARTON F. STICHMAN , National Veterans Legal Services Program, Washington, DC, for amici curiae The National Veterans Legal Services Program, Veterans Law Institute, The American Legion, The Military Order of the Purple Heart, Iraq and Afghanistan Veterans of America, Vietnam Veterans of America, Hispanic American Veterans of Connecticut.

JASON L. LICHTMAN , Lieff Cabraser Heimann & Bernstein, LLP, New York, NY, for amici curiae Administrative Law Professors, Complex Litigation Law Professors. Also represented by JONATHAN D. SELBIN.

Before Newman, Dyk, and Reyna, Circuit Judges.


This appeal concerns whether the United States Court of Appeals for Veterans Claims has authority to certify a class for class action or for similar aggregate resolution procedures. Conley F. Monk, Jr., petitioned the Veterans Court to certify a class action and to otherwise aggregate for adjudication the claims of thousands...

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