Amicus Brief and Appendix of 15 Administrative Law, Civil Procedure, and Federal Courts Professors in Support of Appellant: Monk v. Mcdonald
65 Pages Posted: 30 Aug 2016 Last revised: 10 Nov 2016
Date Written: August 21, 2016
This amicus brief defends the use of class actions and other aggregate procedures in "non-Article III courts" -- that is, legislative courts and administrative hearings, whose judges do not receive the salary and tenure protections described in Article III of the Constitution. The brief supports appellants' position in Monk v. McDonald, 15-7092 -- a case now pending in the United States Court of Appeals for the Federal Circuit -- that such courts, like the Court of Appeals for Veteran's Claims, may themselves hear class actions or use other aggregate procedures to promote efficiency, consistency and legal access in appropriate cases.
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