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   Federal Courts - Federal Circuit Court of Appeals - June 6, 2007

  
McCullough v. United States, 2007-5039, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 6, 2007, Decided
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Myore v. Nicholson, 2006-7330, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 6, 2007, Decided
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Overview: Veterans court properly construed 38 U.S.C.S. § 1310(a) and (b) to mean that disability and indemnity compensation (DIC) was only available where there was a service-connected death and, thus, affirmed BVA's denial of DIC to a widow because a veteran's death from playing Russian roulette was a result of his own willful misconduct.

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NMT Med., Inc. v. Cardia, Inc., 2006-1645, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 6, 2007, Decided
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Overview: District court erred when it granted summary judgment in favor of a corporation on assignees' claim that device corporation sold to doctors for use in closing holes in cardiac tissue violated U.S. Patent No. 5,451,235 because reasonable jury could have found that differences between accused device and device described the patent were insubstantial.

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Paderes v. OPM, 2007-3152, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 6, 2007, Decided
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Peterson v. Nicholson, 2007-7135, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 6, 2007, Decided , June 6, 2007, Filed
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Stevenson v. Neighborhood House Charter Sch., 2007-1217, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 6, 2007, Decided
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United States v. Jackman, 2007-1248, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 6, 2007, Decided , June 6, 2007, Filed
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Valdez v. OPM, 2007-3059, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 6, 2007, Decided , June 6, 2007, Filed
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Van Allen v. United States, 2006-5079, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 6, 2007, Decided
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Overview: Veteran was not entitled to tolling under the "legal disability" provision of 28 U.S.C.S. § 2501 where he was well able to manage his funds, he had been represented by counsel, and had demonstrated competence in prior submissions. Even if the statute was tolled for the period of alleged incapacity, the complaint still would not have been timely.

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Vivenzio v. Comm'r, 2007-1209, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 6, 2007, Decided , June 6, 2007, Filed
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