Legal Opinion · Concurring in part, dissenting in part
Darald G. Bly v. Robert A. McDonald
United States Court of Appeals for Veterans Claims
Decided October 7, 2016No. 15-0502(E)Published
1Concurring in part, dissenting in partGreenberg, Judge
I concur in the holding that the 30-day period in which to file an application under EAJA is subject to equitable tolling, but respectfully dissent from the holding that equitable tolling is not applicable in this case.
On January 5, 2016, the Court issued an order granting a motion for partial remand in the appellant’s appeal. That order served as the mandate of the Court. See U.S. Vet. App. R. 41(b) (“Mandate is when the Court’s judgment becomes final and is effective as a matter of law pursuant to 38 U.S.C. § 7291.”). On February 5, 2016, 31 days later, the appellant applied through…
2Cases cited9 opinions
- Henderson v. ShinsekiSupreme Court of the United States · 2011
- Scarborough v. PrincipiSupreme Court of the United States · 2004
- Walters v. National Assn. of Radiation SurvivorsSupreme Court of the United States · 1985
- Bove v. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011
- Stella Townsend, Wolodymyr Cybriwsky Dodd D. Dixon, Plaintiff's Attorneys-Appellants v. Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2005
4 more not listed; retrieve them via the Exa API.