On August 23, 2018, the Court of Appeals for Veterans Claims, acting en banc, issued an opinion unanimously holding that veterans may bring class actions against the U.S. Department of Veterans Affairs. Simpson Thacher served as co-counsel with the Veterans Legal Services Clinic at Yale Law School for the class petitioners, led by Conley Monk, Jr., a Vietnam veteran from New Haven, Connecticut, who sought to challenge the years-long delays in VA resolution of disability benefits appeals. The Veterans Court decided that it would follow the same rules for class actions that U.S. federal district courts use, providing guidelines for veterans to bring class actions against the VA immediately. In his concurring opinion, Chief Judge Robert Davis commented on the significance of the ruling, stating “this is a watershed decision [that] will shape our jurisprudence for years to come and, I hope, bring about positive change for our Nation’s veterans and ensure that justice is done more efficiently and timely.”
The decision received prominent media coverage in Bloomberg Law, The American Lawyer and Law360. To read the Bloomberg Law article, “‘Seismic Shift’: Vets May Bring Class Actions Against VA,” please click here (subscription required). To read The American Lawyer article, “Daily Dicta: In ‘Seismic’ Decision, Court Says Veterans Can Bring Class Actions,” please click here (subscription required). To read the Law360 article, “Veterans Court, In 'Seismic Shift,' Will Allow Class Actions,” please click here (subscription required).
The Simpson Thacher team includes Lynn Neuner, Elisa Alcabes, Daniel Cohen, Micah Fielden and Joseph Bruno, with special assistance from former associates Michael Brasky, Thomas Coghlan and Lauren Repole.