Update: Class Actions at the Court of Appeals for Veterans Claims (2018)

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Founding partner Robert Chisholm and attorneys Maura Clancy and Bradley Hennings discuss the opinions in Monk v. Wilkie, in which judges from the Court of Appeals for Veterans Claims (CAVC, or "the Court") discuss how they will put into action the Federal Circuit ruling that requires them to start taking class action lawsuits from veterans. After reading the Court judges' opinions, our attorneys decided to take to Facebook Live for an on-the-fly discussion.

0:00 Introduction
0:40 What is a class action?
1:40 What is a Petition for a Writ of Mandamus?
2:41 Overruling Harrison & Class actions at the CAVC
4:07 How many judges decided this case? What happens when you have a tie?
4:41 Judge Schoelen’s opinion & the VA appeals backlog
7:53 “Commonality” in the class action
9:18 Rule 23 and class action lawsuits (numerosity, commonality, typicality, and adequacy)
12:32 Fact-finding at the Court of Appeals for Veterans Claims
15:31 Chief Judge Davis’s opinion, the need for radical change
18:04 Delays in the veterans’ benefits system
18:53 Judge Allen’s opinion (dissent)
21:07 Commonality according to Judge Allen vs. Judge Schoelen
24:37 A road map for future class actions
28:20 Judge Greenberg’s opinion (complete dissent)
31:19 Final takeaways

Read more about the Monk case here:
https://cck-law.com/news/court-appeal...

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