Nimitz Business Ctr. v. Chamberlain

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that 38 U.S.C. § 5904(d) is mandatory requiring the Secretary to comply with the withhold-and-pay provisions of that statute
• explaining that the attorney and the claimant \share a joint entitlement to the fund of any past-due benefits awarded\
• holding as follows: “The provision of § 5904(d)(3) that the Secretary ‘may direct’ payment must be read in light of the ‘is to be paid to the attorney by the Secretary’ language of [38 U.S.C.] § 5904(d)(2)(A). There can be no question that Congress, in enacting § 5904(d
• the attorney and the claimant \share a joint entitlement to the fund of any past-due benefits awarded\ (emphasis added)
• Court found fee of $1,000 plus a 20% contingency fee not \excessive or unreasonable\
• Court found fee of $1,000 plus a 20% contingency fee not “excessive or unreasonable”

Source: CourtListener parenthetical corpus (CC0).