Case: 19-2211 Document: 104 Page: 1 Filed: 06/15/2023 United States Court of Appeals for the Federal Circuit ______________________ BRUCE R. TAYLOR, Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETER- ANS AFFAIRS, Respondent-Appellee ______________________ 2019-2211 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 17-2390, Judge Joseph L. Falvey Jr., Judge William S. Greenberg, Judge Amanda L. Mere- dith. ______________________ Decided: June 15, 2023 ______________________ CHARLES MCCLOUD, Williams & Connolly LLP, Wash- ington, DC, argued for claimant-appellant. Also repre- sented by DEBMALLO SHAYON GHOSH, ANNA JOHNS HROM, LIAM JAMES MONTGOMERY, TIMOTHY M. PELLEGRINO; MARK B. JONES, Mark B. Jones Attorney at Law, Sandpoint, ID. WILLIAM JAMES GRIMALDI, Commercial Litigation Branch, Civil Division, United States Department of Jus- tice, Washington, DC, argued for respondent-appellee. Also represented by BRIAN M. BOYNTON, PATRICIA M. Case: 19-2211 Document: 104 Page: 2 Filed: 06/15/2023 2 TAYLOR v. MCDONOUGH MCCARTHY, LOREN MISHA PREHEIM; CHRISTOPHER O. ADE- LOYE, BRIAN D. GRIFFIN, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC. DROR LADIN, American Civil Liberties Union Founda- tion, New York, NY, for amici curiae American Civil Liber- ties Union, American Civil Liberties Union of the District of Columbia. Also represented by BRETT MAX KAUFMAN; SCOTT MICHELMAN, ARTHUR B. SPITZER, ACLU Foundation of the District of Columbia, Washington, DC. GLENN R. BERGMANN, Bergmann Moore, LLC, Be- thesda, MD, for amicus curiae American Legion. Also rep- resented by THOMAS POLSENO, JAMES DANIEL RIDGWAY. MELANIE L. BOSTWICK, Orrick, Herrington & Sutcliffe LLP, for amicus curiae Military-Veterans Advocacy Inc. Also represented by THOMAS MARK BONDY; ELIZABETH MOULTON, San Francisco, CA; JOHN B. WELLS, Law Office of John B. Wells, Slidell, LA. ANGELA K. DRAKE, Veterans Clinic, University of Mis- souri School of Law, Columbia, MO, for amicus curiae Na- tional Law School Veterans Clinic Consortium. JENNIFER SWAN, Dechert LLP, Palo Alto, CA, for amici curiae National Veterans Legal Services Program, Swords to Plowshares. Also represented by HOWARD W. LEVINE, Washington, DC; RENEE A. BURBANK, National Veterans Legal Services Program, Arlington, VA; EMILY WOODWARD DEUTSCH, Washington, DC. ______________________ Case: 19-2211 Document: 104 Page: 3 Filed: 06/15/2023 TAYLOR v. MCDONOUGH 3 Before MOORE, Chief Judge, NEWMAN, LOURIE, DYK, PROST, REYNA, WALLACH, TARANTO, CHEN, HUGHES, STOLL, CUNNINGHAM, and STARK, Circuit Judges. 1 Opinion filed by Circuit Judge TARANTO, Parts I–IV of which constitute an opinion for the court. Chief Judge MOORE and Circuit Judges PROST, CHEN, STOLL, and CUNNINGHAM join in full; Circuit Judges LOURIE and HUGHES join Parts I–IV. Opinion concurring in the judgment filed by Circuit Judge DYK, which Circuit Judges NEWMAN, REYNA, and WALLACH join in full and Parts I, II, and V of which Circuit Judge STARK joins. Opinion dissenting in part and dissenting from the judgment filed by Circuit Judge HUGHES, which Circuit Judge LOURIE joins. TARANTO, Circuit Judge. During his service in the U.S. Army from 1969 to 1971, Bruce R. Taylor voluntarily participated as a test subject in a secret Army program, at the Edgewood Arsenal facility in Maryland, that assessed …
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