WOLFE v. McDONOUGH

2020-1958.

28 F.4th 1348 (2022)

Amanda Jane WOLFE, Peter Boerschinger, Claimants-Appellees v. Denis McDONOUGH, Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: March 17, 2022.


Attorney(s) appearing for the Case

Sean Christopher Griffin , Sidley Austin LLP, Washington, DC, argued for claimants-appellees. Also represented by Mark Bruce Blocker , Kara L. McCall , Chicago, IL; Renee A. Burbank , Barton Frank Stichman, I , National Veterans Legal Services Program, Washington, DC.

Eric P. Bruskin , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellant. Also represented by Brian M. Boynton , Martin F. Hockey, Jr. ; Susan Blauert , Uduakabasi Henry , Jonathan Krisch , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Melanie L. Bostwick , Orrick, Herrington & Sutcliffe LLP, Washington, DC, for amici curiae The American Legion, Disabled American Veterans, Paralyzed Veterans of America, Veterans of Foreign Wars. Also represented by Benjamin Paul Chagnon ; Elizabeth Moulton , Menlo Park, CA.

Jillian Berner , Veterans Legal Support Center and Clinic, School of Law, University of Illinois Chicago, Chicago, IL, for amicus curiae National Law School Veterans Clinic Consortium.

Michael B. Miller , Morrison & Foerster LLP, New York, NY, for amici curiae Erwin Chemerinsky, Heather Elliott, Richard D. Freer, Paul Ryan Gugliuzza, Helen Hershkoff, Andrew Stuart Pollis, Cassandra Burke Robertson, Adam Steinman, Howard M. Wasserman, Adam Zimmerman.

Before Dyk, Reyna, and Stoll, Circuit Judges.


This case involves the scope of the Department of Veterans Affairs' ("VA's") reimbursement of the cost of hospital visits to veterans enrolled in the VA health care system. The statute bars reimbursement for "any copayment or similar payment." 38 U.S.C. § 1725(c)(4)(D). The question is whether deductibles and coinsurance...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases