Alex E. Winslow v. Harry N. Walters, Administrator of Veterans Affairs

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the predecessor to § 511 did not bar jurisdiction over “a suit challenging the constitutionality of the VA’s procedures”
• holding that “a ruling granting a motion to dismiss for lack of subject matter jurisdiction is not on the merits; its res judicata effect is limited to the question of jurisdiction.”
• holding that \a ruling granting a motion to dismiss for lack of subject matter jurisdiction is not on the merits; its res judicata effect is limited to the question of jurisdiction.\
• “Seeking summary judgment- on a jurisdictional issue ... 'is the equivalent of asking a court to hold that because it has no jurisdiction the plaintiff has lost on the merits. This is a nonsequitur.”
• “Seeking summary judgment on a jurisdictional issue . . . is the equivalent of asking a court to hold that because it has no jurisdiction the plaintiff has lost on the merits. This is a nonsequitur.” (internal citation omitted)
• “A ruling that a party has failed to state a claim on which relief can be granted is a decision on the merits[.]”

Source: CourtListener parenthetical corpus (CC0).