Opinions

This morning, the Federal Circuit released three nonprecedential opinions and three nonprecedential orders. Of the nonprecedential opinions, two come in pro se cases and the other comes in a vaccine case on appeal from the Court of Federal Claims. Of the nonprecedential orders, one remands a case and the other two dismiss appeals. Here are the introductions to the opinions and links to the orders.

Di Santo v. United States (Nonprecedential)

Patrick Di Santo appeals pro se from a judgment of the U.S. Court of Federal Claims (“Claims Court”) dismissing his complaint for lack of jurisdiction. We affirm.

Hinton v. Department of Health and Human Services (Nonprecedential)

This appeal challenges a single factual finding—that Shawn’Quavious Hinton received an influenza vaccine on December 21, 2015. The Secretary argues that the special master acted arbitrarily and capriciously when she determined that petitioner had proven, by a preponderance of the evidence, that Shawn, in fact, received an influenza vaccine on December 21, 2015. Because the special master’s finding is based on evidence in the record and is not wholly implausible, we affirm.

Rzayev v. Merit Systems Protection Board (Nonprecedential)

Fakhraddin F. Rzayev petitions for review of a final decision of the Merit Systems Protection Board (“the Board”), dismissing his administrative appeal for lack of jurisdiction. Rzayev v. Dep’t of the Treasury, SF-315H-23-0344-I-1, 2024 WL 3791350 (M.S.P.B. Aug. 12, 2024) (“Final Order”). For the following reasons, we affirm.

Remand

Dismissals