Ca. Litig. Rev. 2020

Military and Veterans in the Law, 2020

By Justice Eileen C. Moore

After Vietnam, our returning soldiers were treated in a despicable manner. Since then, Americans have learned they can love their warriors even when they hate a war. Despite the pandemic and the political unrest that marked 2020, those who are serving or have served our country in the military have not been forgotten by the legal community. This article will report a few of the many current legal happenings concerning active duty military and veterans.

Class Actions

In Monk v. Shulkin, 855 F.3d 1312 (Fed. Cir. 2017), the Federal Circuit held that under the All Writs Act, its own enabling statutes and by virtue of its inherent powers, the Court of Appeals for Veterans Claims, CAVC, has the ability to establish its own rules and procedures, and that includes certifying and adjudicating class actions. The CAVC acknowledged its authority to certify class actions against the Department of Veterans Affairs, VA, in appropriate cases in Monk v. Wilkie, 30 Vet. App. 167 (2018).

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