United States Federal Circuit

The conclusion reached by the Administrative Judge (AJ), that plaintiff failed to state a claim by the preponderance of the evidence, was not arbitrary or capricious. Failure to establish the elements of a claim is a failure to state a claim on which relief can be granted; it is not a matter of lack of subject matter jurisdiction to decide the merits.

Appellate Information

• Decided 05/06/2003
• Published 05/06/2003

Judges

• PLAGER, Senior Circuit Judge., Before LINN, Circuit Judge, PLAGER, Senior Circuit Judge, and PROST, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert A. McSorley,Law Office of Robert A. McSorley, of Ventura, CA, argued for petitioner.


• For Appellees:
  
• Kathleen A. Kohl, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   With her on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and Jeanne E. Davidson, Deputy Director.