Opinions

This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and three nonprecedential orders. The precedential opinion vacates and remands a decision of the Court of Federal Claims in a veterans case. The nonprecedential opinion affirms a decision of the Merit Systems Protection Board, which denied a corrective action in an individual right of action appeal. The first order grants a motion seeking transfer to the Western District of Texas. The last two orders were both dismissals. Here are the introductions to the opinions and first order, as well as links to the dismissals.

Sheller v. Secretary of Health and Human Services (Precedential)

Petitioner-Appellant Chad Sheller seeks an award of attorneys’ fees to cover costs in connection with his
voluntarily dismissed Vaccine Act petition, which he filed on behalf of his son, Daniel, who tragically passed away after receiving several vaccines. This case addresses whether Mr. Sheller had a reasonable basis to rely on a now-rejected medical theory of causation for the petition, where the medical theory of causation was potentially viable and even had success at the time the petition was filed.

Petitioner appeals the decision of the Special Master denying attorneys’ fees and costs, which the United States Court of Federal Claims affirmed. Because the Special Master abused his discretion in rejecting the Special Master’s decision in Boatmon as supporting a reasonable basis, we vacate and remand.

Coppola v. Department of Veterans Affairs (Nonprecedential)

Dr. Ralph J. Coppola challenges the Merit Systems Protection Board’s denial of corrective action in his individual right of action (IRA) appeal. Dr. Coppola argues that the Board incorrectly determined that, despite Dr. Coppola establishing a prima facie case of whistleblowing retaliation, the Department of Veterans Affairs provided clear and convincing evidence it would have terminated Dr. Coppola and not selected him for a full-time position even if he had not made any protected disclosures.

We have considered Dr. Coppola’s remaining arguments, but we do not find them persuasive. Rather,
we find the Board’s various challenged fact findings supported by substantial evidence, and we discern no errors in its legal analysis. For the foregoing reasons, we affirm.

Lopez v. Department of the Air Force (Nonprecedential Order)

Arturo S. Lopez petitions this court to review the final decision of the Merit Systems Protection Board affirming his removal and rejecting his affirmative defense of retaliation for prior equal employment opportunity activity alleging discrimination based on national origin. Responding to this court’s show cause order, Mr. Lopez moves unopposed to transfer to the United States District Court for the Western District of Texas, ECF No. 8.

The motion is granted. The matter and all case filings are transferred to the United States District Court for the Western District of Texas pursuant to 28 U.S.C. § 1631.

Dismissals