· 7/25/2014
William Havens v, Raymond Edwin Mabus, Jr., Secretary of the Navy Chairman, Board for Corrections of Naval Records
Citations
- 411 U.S. App. D.C. 282
- 759 F.3d 91
- 2014 WL 3674599
- 2014 U.S. App. LEXIS 14146
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a district court 4 may abuse its discretion not to remand for benefits when all of these conditions are 5 met
- noting that 28 U.S.C. § 2501 is “the Tucker Act’s jurisdictional, six-year statute of limitations”
- noting that claim preclusion only bars a subsequent lawsuit “involving the same claims or cause of action” where a “final valid judgment on the merits” was issued by a “court of competent jurisdiction” to provide complete relief
- explaining that an informal PEB determines whether an active duty service member is “fit” or “unfit” to continue service, while it determines whether a non-active duty reservist is “physically qualified” or “not physically qualified” to continue service
- noting “APA claims challenging [Board] decisions accrued when the decisions issued”
- BCNR treated application for review as a new application and expressly stated that it examined the merits
Source: CourtListener parenthetical corpus (CC0).
Judges: Henderson, Wilkins, Sentelle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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