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ARTICLE · 24 FEBRUARY 2022

A Cert Grant On Veterans' Benefits And Equitable Tolling

Morrison Foerster
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As Federal Circuitry readers know, the Supreme Court in recent years has granted review in many patent cases from the Federal Circuit—like last Term's big decision in Arthrex.

United StatesLitigation, Mediation & Arbitration

As Federal Circuitry readers know, the Supreme Court in recent years has granted review in many patent cases from the Federal Circuit-like last Term's big decision in Arthrex. But the Supreme Court also takes up cases from the Federal Circuit's non-patent docket. Yesterday the Supreme Court granted certiorari in Arellano v. McDonough, a veterans' benefits case about when statutory filing deadlines can be "equitably tolled"-that is, extended due to some unusual circumstance that prevented a litigant from making a timely filing. Questions on the availability of equitable tolling arise in a wide variety of statutory contexts. The Supreme Court's eventual decision in Arellano thus may have broader implications beyond the veterans' benefits area.

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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