United States Federal Circuit

On remand form the US Supreme Court, and after consideration in light of Edelman v. Lynchburg College, 535 U.S. 106, 122 S. Ct. 1145 (2002), the Veterans' Court dismissal of plaitiff's Equal Access to Justice Act (EAJA) application for lack of subject matter jurisdiction is re-affirmed.

Appellate Information

• Decided 02/13/2003
• Published 02/13/2003

Judges

• Before MAYER, Chief Judge, RADER, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Brian Wolfman, Public Citizen Litigation Group, of Washington, DC, for claimant-appellant.   Of counsel on the brief was Peter J. Sarda, Wallace, Creech & Sarda, L.L.P., of Raleigh, NC.


• For Appellees:
  
• Joseph Trautwein, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent-appellee.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and Mark A. Melnick, Assistant Director.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel;  and Michelle Doses Bernstein, Attorney, Department of Veterans Affairs, of Washington, DC.