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Class Action Lawsuit ! VCS et al v. Shinseki

Status

7/23/07
6/25/08
7/31/08
5/10/11
7/1/11
11/16/11
5/7/12
9/5/12
10/04/12
10/14/12

Day 0
Day 358
Day 394
Day 1,407 
Day 1,459
Day 1,597
Day 1,750
Day 1,871
Day 1,900
Day 1,910
Original case filed
Judgment in favor of VA
VUFT/VCS Appeal
VUFT/VCS win in part and denial in part (but overall a WIN!)
VA appeal filed
9th Circuit stays original judgment; schedules en banc hearing.
Ninth Circuit dismisses the original judgment and the case
Brief filed with Supreme Court for writ of certiorari

DVA requests an extension to 11/9/12
Waiting
With only a little over 5 years in the process, at least we have the comfort of knowing that we are getting our day in court a little faster than many veteran’s appeals are being processed, although not much faster.

For those who are interested:

Current action before the Supreme Court of the United States

and

The Original Complaint (73pp pdf)

Original District Court Ruling (82pp pdf)
9th Circuit Intro & Conclusion Extract (4pp pdf)
Complete 9th Circuit Ruling (140pp pdf)

Our Chairman's Statement

While Veterans United for Truth and Veterans for Common Sense are being credited as the plaintiffs in the lawsuit, the real credit must go to the two law firms who had the tenacity to file the case.

Morrison & Foerster and Disability Rights Advocates lead attorneys Gordon Erspamer and Sid Wolinsky and their crew of lawyers, paralegals, secretaries and staff are the real heroes of the case. They put in the long hours to bring the full depth of our plight as veterans before the court.

There is still work to be done and the folks at Morrison & Foerster and Disability Rights Advocates are as committed today as they were on the first day.

America’s Veterans owe them a debt of gratitude that we will never be able to repay. VUFT and VCS may have been the vehicle, but MoFo and DRA were and are the engine.

Bob Handy HMC USN Ret
Chair VUFT

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