This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, two dismissals, and one Rule 36 summary affirmance. The precedential opinion comes in a pro se appeal from a judgment of the Court of Federal Claims, and the nonprecedential opinion comes in an appeal from a judgment of the Court of Appeals of Veterans Claims. Here are the introductions to the opinions and links to the dismissals and summary affirmance.

McCormick v. Unites States (Precedential Opinion)

Mark McCormick, proceeding pro se, filed a complaint against the United States in the Court of Federal Claims.  Complaint, McCormick v. United States, No. 23-cv-00539 (Fed. Cl. Apr. 13, 2023), ECF No. 1 [hereinafter “Claims Court Docket”].  After staying proceedings to give it time to determine whether it had subject-matter jurisdiction over the case, the Claims Court concluded that it lacked jurisdiction and dismissed Mr. McCormick’s complaint and entered final judgment.  McCormick v. United States, No. 23539C, 2023 WL 4311650, at *3 (Fed. Cl. July 3, 2023) (Claims Court Decision); Judgment, Claims Court Docket (July 10, 2023), ECF No. 10.  Mr. McCormick appeals.  Because we determine that the Claims Court did not have subject-matter jurisdiction over Mr. McCormick’s complaint, we affirm the Claims Court’s decision. 

Vest v. McDonough (Nonprecedential Opinion)

Herbie D. Vest (“Vest”) appeals from the final decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) which dismissed Vest’s appeal for lack of jurisdiction. 


Rule 36 Judgment