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Loud Hawk, 474 U.S. 302 (1986), where the reason for the 90-month delay (interlocutory appeals) did not weigh against the government, the Supreme Court held that the possibility of prejudice occasioned by the delay was not sufficient to establish a Sixth Amendment speedy trial violation. Moreover, the courts of appeals routinely reject Sixth ...
The United States Court of Appeals for Veterans Claims is commonly referred to as the Veterans Court, USCAVC, or simply CAVC. The court was previously known as the United States Court of Veterans Appeals, but was changed to the current name by the Veterans Programs Enhancement Act on March 1, 1999 (Pub.L. No. 105-368). [3]
An advocacy group for transgender veterans filed a second lawsuit against the government over its exclusion of gender-affirming surgery from veteran health benefits.
TAVA’s lawsuit, filed Thursday in the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., asks it to compel the VA to respond to its 2016 petition within a reasonable time.
[11] [12] The court did not address the question of whether § 5110(b)(1) is a statute of limitations or not, but rather found equitable tolling rebutted even if it was. With emphasis on the "[u]nless specifically provided otherwise" clause, the court concluded that the chapter's provisions are an exhaustive list of exceptions to the regular rule.
In Indiana, "Trial Rule 53.1 and Ind. Trial Rule 53.2 are officially titled "Failure to rule on motion" and "Time for holding issue under advisement; delay of entering a judgment but are commonly known as the 'lazy judge' rules." Under those rules, the trial court has 90 days in which to render its decision; and that time can only be extended ...
A first-of-its-kind racial discrimination lawsuit against the U.S. Department of Veterans Affairs has the potential to set the course of justice for generations of Black veterans.
Habeas corpus relief may not be granted on the basis of debatable inferences used to overturn the trial court's finding vis-á-vis peremptory challenges: Central Virginia Community College v. Katz: 546 U.S. 356 (2006) state sovereign immunity under the 11th Amendment and the Bankruptcy Clause: Gonzales v. O Centro Espirita Beneficente Uniao do ...