Opinions

This morning the Federal Circuit released three nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second and third come in cases addressing the jurisdiction of the Court of Federal Claims. Finally, the Court issued a nonprecedential order granting a voluntary dismissal late yesterday. Here are the introductions to the opinions and order.

Pichardo v. McDonough (Nonprecedential)

Angel M. Pichardo appeals a memorandum decision of the United States Court of Appeals for Veterans Claims, which affirmed the Board of Veterans’ Appeals. Pichardo v. McDonough, No. 19-8676, 2021 WL 1204140 (Vet. App. Mar. 31, 2021) (Veterans Court Decision). Because we lack jurisdiction over Mr. Pichardo’s appeal, we dismiss.

Kelly v. United States (Nonprecedential)

Bonnie Kelly appeals the United States Court of Federal Claims’ order dismissing her complaint for lack of jurisdiction and for failure to state a claim upon which relief can be granted. Because the Court of Federal Claims correctly concluded that Ms. Kelly failed to allege facts sufficient to show that she was in privity of contract with the United States or that she was a third-party beneficiary of any contract with the United States, we affirm.

McGhee v. United States (Nonprecedential)

Kevin Llewellyn McGhee appeals the United States Court of Federal Claims’ dismissal of his complaint for lack of subject matter jurisdiction. See McGhee v. United States, 155 Fed. Cl. 380 (2021). Because Mr. McGhee’s claims are outside the Court of Federal Claims’ jurisdiction, we affirm.

Steuben Foods, Inc. v. Nestle USA, Inc. (Nonprecedential Order)

The parties move to dismiss the above-captioned appeal pursuant to Fed. R. App. P. 42(b) with each side to bear its own costs and fees.

IT IS ORDERED THAT:

The motion is granted. The appeal is dismissed as stipulated.