News & Analysis as of

Statutory Interpretation Department of Veterans Affairs

Epstein Becker & Green

Unusual Combinations of Justices Denying Veterans’ Claim but Requiring Executive to Make Foreign Aid Payments to Contractors -...

The U.S. Supreme Court resolved more textual battles yesterday, one in a fully argued case, the other on procedural motions. The combinations of Justices continue to defy stereotypes, and at least one of those combinations,...more

Dorsey & Whitney LLP

The Supreme Court Update - March 5, 2025

Dorsey & Whitney LLP on

The Supreme Court of the United States issued one decision today: Bufkin v. Collins, No. 23-713: This case involves the “benefit-of-the-doubt rule,” a unique standard of proof the Department of Veterans Affairs (“VA”)...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (January 23 – January 27): Furnishing Statutory Meaning

The Supreme Court recently issued its first decision of the Term in Arellano v. McDonough, affirming the Federal Circuit and holding that a statutory provision governing the effective date of a veterans’ benefits application...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit: Waiver and Constitutional Avoidance

The Federal Circuit issued just one precedential opinion last week.  But it’s an interesting one:  The Court exercised its discretion to reach (or rather, avoid) a constitutional issue not pressed or passed upon by the trial...more

Morgan Lewis - Up & Atom

DOL Administrative Review Board Fails to Clarify Test for Whether a Contractor Is a ‘Covered Employee’

One threshold issue in whistleblower cases involving alleged retaliation is whether a complainant who is not a direct employee is nonetheless a “covered employee.” ...more

Hogan Lovells

Federal Circuit Acetris Decision Changes Procurement Country of Origin Landscape

Hogan Lovells on

On Monday, in the much-anticipated decision in Acetris Health, LLC v. U.S. 18-2399, the Court of Appeals for the Federal Circuit (the “Federal Circuit”) ruled that U.S. manufacture of a drug is sufficient to confer U.S....more

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