This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims concerning attorney’s fees. In the opinion, the Federal Circuit explained why it vacated the award of attorney’s fees and remanded the case for a redetermination of the fees. The Federal Circuit also released three nonprecedential orders. Two transfer appeals to the Court of Appeals for the Second Circuit and one dismisses an appeal. Here is the introduction to the opinion, text from the orders, and a link to the dismissal.
Health Republic Insurance Co. v. United States (Precedential)
These appeals present a challenge to awards of attorney’s fees to class counsel taken out of the classes’ recoveries in successful class actions against the United States based on the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), and the Health Care and Education Reconciliation Act, Pub. L. No. 111- 152, 124 Stat. 1029 (2010) (collectively, the ACA). We vacate and remand for reconsideration of the fee awards.
Jones-Bey v. Sirius-El (Nonprecedential Order)
Because Sister E. Jones-Bey’s underlying district court complaint seeks, inter alia, damages and injunctive relief against several private individuals for alleged discrimination, libel, slander, and violations of her constitutional rights, the court directed the parties to show cause why this appeal should not be transferred or dismissed for lack of this court’s jurisdiction. Cf. 28 U.S.C. § 1295. Appellant responds in favor of transfer to the United States Court of Appeals for the Second Circuit. Appellees have not responded.
Upon consideration thereof,
IT IS ORDERED THAT:
The appeal and all its filings are transferred to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. § 1631.
Lumpkin v. Kijakazi (Nonprecedential Order)
Wilhemina Lumpkin has filed an appeal from a final judgment of the United States District Court for the District of Connecticut affirming the denial of her application for social security disability benefits. Appellee moves to transfer Ms. Lumpkin’s appeal to the United States Court of Appeals for the Second Circuit. Ms. Lumpkin moves in opposition of transfer. We grant the appellee’s motion.
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Accordingly,
IT IS ORDERED THAT:
The appellee’s motion is granted, and Ms. Lumpkin’s motion is denied. Pursuant to 28 U.S.C. § 1631, this case and all transmittals are transferred to the United States Court of Appeals for the Second Circuit.