· 2/9/2016
Debbie Stage v. Carolyn Colvin
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that, when agency has failed to comply with statutory deadline, court must curtail agency's discretion and agency must \find some other way\ to meet deadline, because \congressionally imposed mandates and prohibitions trump discretionary decisions\
- concluding that a district court's review of a QIC's overpayment determination would be more deferential than an ALJ's de novo review, based on government's admission that district court review would be deferential
- noting that the three requirements for mandamus are “jurisdictional” and “unless all are met, a court must dismiss the case for lack of jurisdiction”
- explaining that mandamus requirements are “are jurisdictional; unless all are met, a court must dismiss the case for lack of jurisdiction”
- stating that courts should deny the petition for lack of jurisdiction if the 19 petitioner cannot satisfy any one of the three requirements
- finding that a plaintiff must satisfy all three requirements for mandamus relief or else his claim must be dismissed on jurisdictional grounds
Source: CourtListener parenthetical corpus (CC0).
Judges: Hamilton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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