441 F. Supp. 2d 111 - Roberts v. Harvey’s Empirical Analysis

Citation profile

12 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]t is simply more difficult to say that the Secretary has acted arbitrarily ... than it is if he is required to act whenever a court determines that certain objective conditions are met, i.e. , that there has been an error or injustice.”

   2 later decisions quote this exact passage · from the majority
   e.g. Schmidt v. Spencer · 517 F. Supp. 2d 253 - Appleby v. Harvey

2. “(a) If the ABCMR receives the request within 1 year of the ABCMR’s action and if the ABCMR has not previously reconsidered the matter, the ABCMR staff will review the request to determine if it contains evidence (including, but not limited to, any facts or arguments as to why relief should be granted) that was not in the record at the time of the ABCMR’s prior consideration. If new evidence has been submitted, the request will be submitted to the ABCMR for its determination of whether the new evidence is sufficient to demonstrate material error or injustice. If no new evidence is found, the ABCMR staff will return the application to the applicant without action. (b) If the ABCMR receives the request more than 1 year after the ABCMR’s action or after the ABCMR has already considered one request for reconsideration, the ABCMR staff will review the request to determine if substantial relevant evidence is submitted showing fraud, mistake of law, mathematical miscalculation, manifest error, or the existence of substantial relevant new evidence discovered contemporaneously or within a short time after the ABCMR’s original consideration. If the ABCMR staff finds such evidence, it will be submitted to the ABCMR for its determination of whether a material error or injustice exists and the proper remedy. If the ABCMR staff does not find such evidence, the application will be returned to the applicant without action.”

   1 later decision quote this exact passage · from the majority
   e.g. Roberts v. Geren

3. “I understand that I may expect to encounter substantial prejudice in civilian life in the event a general discharge under honorable conditions is issued to me. I further understand that, as the result of the issuance of an undesirable diseharve [sic] under conditions other than honorable, I may be ineligible for many or all benefits as a veteran under both Federal and State laws, and that I may expect to encounter substantial prejudice in civilian life.”

   1 later decision quote this exact passage · from the majority
   e.g. Roberts v. Geren