· 3/15/1999
Consolidation Coal Company v. Albert A. Borda Director, Office of Workers' Compensation Programs, United States Department of Labor
Citations
- 171 F.3d 175
- 1999 U.S. App. LEXIS 4125
- 1999 WL 137386
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that failure to notify Operator of viable 1978 claim for benefits until 1994 deprived it of an opportunity to meaningfully defend itself
- finding prejudice based on a substantial delay that resulted in a loss of a defense
- requiring a showing of prejudice to establish a due process violation
- “It is not the mere fact of the government’s delay that violates due process, but rather the prejudice resulting from such delay.”
- “It is not the mere fact of the government’s delay that violates due process, but rather the prejudice resulting from such delay.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkins, Niemeyer, Friedman, Eastern, Virginia
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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