Jones v. Brown

I respectfully dissent from the holding of the majority because I believe the Court’s opinion conflicts with applicable binding precedent of the Supreme Court1 and the U.S. Court of Appeals for the Federal Circuit.2 I agree basically with the analysis of applicable Supreme Court opinions set forth in Judge Kramer’s concurring opinion. However, I conclude (1) that the plain meaning of the statute in question waived the Federal Government’s sovereign immunity as to the 28 U.S.C. § 2412(d) attorney-fee applications of appellants Karnas and Jones that were pending in the Federal Circuit and this…