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Veterans Claims· 2/23/1990

Erspamer v. Derwinski

Citations

  • 1 Vet. App. 3
  • 1990 U.S. Vet. App. LEXIS 1
  • 1990 WL 303127

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 court has the authority to issue mandamus to the Secretary under the All Writs Act
  • concluding that the petitioner had no adequate alternative means for relief when she contacted the regional office more than 30 times before filing her petition with the Court
  • holding “that this court has jurisdiction to issue extraordinary writs under the All Writs Act”
  • holding \that this court has jurisdiction to issue extraordinary writs under the All Writs Act\
  • noting that a requirement for a writ to issue is that the petitioner must lack adequate alternative means to obtain the relief sought
  • noting that “petition for relief in and of itself’ may be “enough to bring [a disputed] matter to the attention of the Secretary, and effectively serve[ ] ... to exhaust that administrative remedy”

Source: CourtListener parenthetical corpus (CC0).

Judges: Farley, Kramer, Nebeker

Read full opinion on CourtListener

Cited by

78 cases in this archive cite this case; the 20 most cited are listed.

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

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.