· 8/15/2008
Poole v. Harvey
Citations
- 571 F. Supp. 2d 120
- 2008 U.S. Dist. LEXIS 62385
- 2008 WL 3824747
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding the ABCMR’s decision to be arbitrary and capricious due to its failure to address the plaintiff’s non-frivolous and potentially meritorious argument
- “[T]he [review board] must respond to all non-frivolous arguments raised by the applicant. If the [board] does not respond to non-frivolous arguments, the [board]’s decision is arbitrary.”
- “It is a ‘fundamental rule of administrative law’ that a court reviewing an agency’s decision ‘must judge the propriety of [agency] action solely by the grounds invoked by the agency.’”
- the Board “must respond to all non-frivolous and potentially meritorious arguments an applicant raises”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kennedy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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