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Arellano v. McDonough

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Docket No. Op. Below Argument Opinion Vote Author Term
21-432 Fed. Cir. Oct 4, 2022
 Jan 23, 2023 9-0 Barrett OT 2022

Holding: The effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling.

Judgment: Affirmed, 9-0, in an opinion by Justice Barrett on January 23, 2023.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 17 2021Petition for a writ of certiorari filed. (Response due October 21, 2021)
Oct 01 2021Motion to extend the time to file a response from October 21, 2021 to November 22, 2021, submitted to The Clerk.
Oct 04 2021Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
Oct 21 2021Brief amicus curiae of Military-Veterans Advocacy Inc. filed.
Nov 09 2021Motion to extend the time to file a response from November 22, 2021 to December 22, 2021, submitted to The Clerk.
Nov 10 2021Motion to extend the time to file a response is granted and the time is further extended to and including December 22, 2021.
Dec 22 2021Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed.
Dec 30 2021Reply of petitioner Adolfo R. Arellano filed. (Distributed)
Jan 05 2022DISTRIBUTED for Conference of 1/21/2022.
Feb 11 2022DISTRIBUTED for Conference of 2/18/2022.
Feb 22 2022Petition GRANTED.
Mar 10 2022Motion of the parties for an extension of time to file the briefs on the merits filed.
Mar 22 2022Motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 13, 2022. The time to file respondent's brief on the merits is extended to and including July 18, 2022.
Apr 19 2022Motion to dispense with printing the joint appendix filed by petitioner Adolfo R. Arellano.
May 02 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 13 2022Brief of petitioner Adolfo R. Arellano filed.
May 19 2022Brief amici curiae of Disabled American Veterans and Lee Kirby filed.
May 20 2022Brief amici curiae of Military-Veterans Advocacy Inc. and Jewish War Veterans of the United States of America, Inc. filed.
May 20 2022Brief amicus curiae of Constitutional Accountability Center filed.
May 20 2022Brief amicus curiae of Federal Circuit Bar Association filed.
May 20 2022Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
May 20 2022Brief amici curiae of Edgewood Veterans, et al. filed.
Jun 14 2022ARGUMENT SET FOR Tuesday, October, 4, 2022.
Jun 22 2022Record requested from the Federal Circuit.
Jul 06 2022The record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
Jul 18 2022Brief of respondent McDonough, Denis, Secretary of Veterans Affairs filed.
Jul 19 2022The record from the U.S. Court of Appeals for Veterans Claims, has been electronically filed.
Jul 21 2022CIRCULATED
Aug 17 2022Reply of petitioner Adolfo R. Arellano filed. (Distributed)
Oct 04 2022Argued. For petitioner: James R. Barney, Washington, D. C. For respondent: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jan 23 2023Adjudged to be AFFIRMED. Barrett, J., delivered the opinion for a unanimous Court.
Feb 27 2023Judgment issued.