Tuesday, April 21, 2015
Toomer v. McDonald, 783 F.3d 1229 (Fed. Cir. 2015) (Wallach, J.)
Re: Request for procedures pertaining to mailing documents to veterans
Disposition: Affirming Veterans Court's decision
- Litigation Considerations, Jurisdiction: The court holds that "[t]he Veterans Court's failure to take up the issue of the government's response to [plaintiff's] FOIA request in granting [plaintiff's] motion for panel review was not legally erroneous." The court relates that "[t]he government responds that '[w]hether the VA complied with its obligation to respond to a FOIA request is a matter outside of the Veterans Court's jurisdiction' because review of an agency's compliance with a FOIA request is vested in the district courts by statute."
Court of Appeals
Updated June 26, 2015