Opinions

This morning, the Federal Circuit released one precedential opinion and four nonprecedential orders. Late yesterday, the Federal Circuit also released another nonprecidential order. The opinion affirms a judgment of the United States Court of Federal Claims in a vaccine case. One of the orders dismisses an appeal, and another grants a motion to transfer a case to the Middle District of Alabama. The other three orders also dismiss appeals. Here are the introductions to the opinion and two of the orders and links to the three of the dismissals.

W.J. v. Secretary of Health and Human Services (Precedential Opinion)

This is a case brought under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300a-1 to -34, as amended (“the Vaccine Act”). R.J. and A.J., acting on behalf of appellant W.J. (“Appellant”), their son, and appearing without counsel, appeal from a decision of the United States Court of Federal Claims denying their petition for review and affirming a special master’s grant of a motion to dismiss as untimely under the Vaccine Act’s statute of limitations. We affirm.

Collier v. Trump (Nonprecedential Order)

Irina Collier filed this suit in the United States District Court for the Southern District of California against various individuals and entities, asserting, among other things, a cause of action under the Racketeer Influenced and Corrupt Organizations Act. The district court found Ms. Collier’s action frivolous and denied her motion for leave to proceed in forma pauperis. The appeal is dismissed.

Thomas v. Department of Veterans Affairs (Nonprecedential Order)

Anita Fay Thomas petitions this court for review of the final decision of the Merit Systems Protection Board affirming her removal and rejecting her affirmative defense concerning reprisal for Equal Employment Opportunity (“EEO”) activity. The Department of Veterans Affairs now moves to transfer to the United States District Court for the Middle District of Alabama, or in the alternative, to dismiss. The motion to transfer is granted to the extent that this case and all transmittals are transferred, pursuant to 28 U.S.C. § 1631, to the United States District Court for the Middle District of Alabama.

Dismissals