· 4/23/2024
Horvath v. Ameron Intl. Corp.
Citations
- 2024 NY Slip Op 02147
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “a breach of the duty to assist cannot constitute [clear and unmistakable error]”
- holding that, because Congress explicitly provided certain exceptions to the rule of finality, it did not intend to allow other exceptions
- holding that a breach of the duty to assist cannot form the predicate for a motion for revision of a finally decided claim based on clear and unmistakable error
- holding that “[t]he statutory scheme provides only two exceptions to the rule of finality” of VA decisions, a CUE claim and a claim to reopen based on new and material evidence
- holding that a breach of the duty to assist cannot form the predicate for a motion for revision of a finally decided claim based on clear and unmistakable error
- holding that grave procedural errors are not an exception to finality
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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