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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.