Friday, May 3, 2013

Solze v. Shinseki

Solze v. Shinseki, 26 Vet.App. 118 (2013)
Both parties to a case have a duty to notify the Court of any “development that could deprive the Court of jurisdiction or otherwise affect its decision.” This case involved a motion for reconsideration of the Court’s denial of a petition regarding a VA fiduciary matter. While the motion for reconsideration was pending for full-court review, the Board of Veterans’ Appeals issued a decision. The Court ordered the parties to explain why they did not inform the Court of the Board’s decision, and why the Court should not impose sanctions or start disciplinary proceedings against them. Following oral argument, the Court held that both parties are under a duty to inform the Court of significant developments in a case, particularly in petitions, where the Court is being asked to “interject its authority into a live controversy.”

No comments:

Post a Comment