United States Court of Appeals for Veterans Claims Gives Right to Certify Class for Class Action Cases

April 26, 2017
Wiggin and Dana's amicus brief on behalf of "Former General Counsels of the VA" helped convince the U.S. Court of Appeals for the Federal Circuit to establish groundbreaking precedent for veterans. The appeal, brought by veteran Conley F. Monk, Jr., asked "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." The Federal Circuit Court of Appeals answered this morning with a resounding yes, reversing two of its previous decisions and holding unequivocally that the All Writs Act and other authority give the Veterans Court the power to certify classes. Doing so, the Federal Circuit found, will allow the Veterans Court "to promote efficiency, consistency, and fairness in its decisions," an outcome that should be welcome to both the Nation and the veterans who have served it (click here to view). In coming to its conclusion, the Federal Circuit cited the Amicus Brief of Former General Counsels of the VA, represented pro bono in this matter by Jonathan Freiman and Laura McTiernan, along with former Wiggin and Dana associate Lora Johns.