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Toomer v. McDonald, 783 F.3d 1229 (Fed. Cir. 2015) (Wallach, J.)

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
Litigation Considerations
Updated June 26, 2015