This morning, the Federal Circuit released two precedential opinions and two nonprecedential orders. One of the opinions comes in an appeal of a decision of the Court of Appeals for Veterans Claims; the other comes in an appeal of a decision of the Court of Federal Claims. One of the orders grants a motion for summary affirmance; the other is a dismissal. Here are the introductions to the opinions and the first order and a link to the dismissal.
Holstein v. Collins (Precedential)
Shannon Holstein is an attorney who represented Lester L. Dean, Jr. (“the veteran”) in the benefits adjudication process before the Department of Veterans Affairs (“the VA”). Holstein appeals the decision of the Court of Appeals for Veterans Claims (“the Veterans Court”), which affirmed a decision of the Board of Veterans’ Appeals (“the Board”), denying Holstein’s request for additional attorney’s fees arising from her representation of the veteran. Holstein v. McDonough, 2022 WL 10968003 (Vet. App. Oct. 19, 2022); J.A. 161–73 (Board Decision). For the following reasons, we affirm.
Lesko v. United States (Precedential)
Jillian Lesko appeals the decision of the Court of Federal Claims dismissing all five counts in her Amended Complaint for failure to state a claim upon which relief may be granted. Ms. Lesko, who was a registered nurse for the Indian Health Service during the COVID-19 pandemic, alleged she and all similarly situated nurses were denied various pay enhancements for overtime, nighttime, holiday, and Sunday work. In an en banc decision, this court affirmed the Court of Federal Claims’ dismissal of Count II and referred the remainder of the appeal back to the panel for resolution. For the reasons discussed below, we now reverse the Court of Federal Claims’ dismissal of Counts I and III–V of Ms. Lesko’s Amended Complaint and remand for further proceedings consistent with this opinion.
Petrozzi v. United States (Nonprecedential Order)
Timothy R. Petrozzi appeals from the final judgment of the United States Court of Federal Claims dismissing his Complaint and certifying that any appeal would not be taken in good faith and moves for leave to proceed in forma pauperis. In response to this court’s show cause order, the United States moves to summarily affirm. ECF No. 11. Mr. Petrozzi submits a “declaration” and opening brief.