Veterans can now file class-action lawsuits against VA

https://www.militarytimes.com/news/2018/08/24/court-ruling-allows-class-action-lawsuits-against-va/

Veterans can now file class-action lawsuits against VA

By: Leo Shane III    3 days ago

WASHINGTON — A federal court ruling this week opened the possibility for veterans to file suit against the Department of Veterans Affairs as a class rather than individuals, a move that advocates say could dramatically shift how legal cases against the bureaucracy are handled.

The ruling, Monk v. Wilkie, came from the U.S. Court of Veterans Appeals. The eight-justice panel ultimately ruled against the plaintiff’s claim that their case should proceed as a class-action suit, arguing it failed to meet previously established standards for such legal consideration. But they did say that in “appropriate cases” in the future, class-action lawsuits would be entertained.
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Fellow appeals court Judge Michael Allen said the decision “has been decades in coming and holds great promise as a means to address systemic problems in the VA system.”

In private lawsuits, individuals must prove specific harm or damage to their personal situation in order to win judgment. But in class-action lawsuits, plaintiffs can show illegal or harmful activity against a larger group, bringing with it different standards for correction.
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