Kenneth v. Schmoll’s Empirical Analysis

Citation profile

7 federal appellate · 3 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Tjhe VA views the probationary period as being an extension of the appointment process, which provides the final test of actual performance on the job and which is designed to protect the YA against the retention of individuals who are found in actual practice to be unsuited for permanent employment. In any event, there is most certainly no language in § 4106(b) which suggests to us that a probationary employee is entitled to a full-blown, trial-like hearing, with the right to counsel, right to confront adverse witnesses and cross-examine, before he be “separated from the service.” On the contrary, we believe the exact opposite is indicated. In line with the provisions of § 4106(b), the regulations promulgated by the Administrator to effectuate this particular legislative intent sets up a review board known as the Professional Standards Board, which is authorized, among other things, to conduct a so-called summary review “when summary separation from the service may be justified.” Under these regulations, notice is required, which notice is to be “brief, but in sufficient detail so that the employee will clearly understand why his services are considered deficient and/or the nature of the incident involved,” with the subject of the hearing permitted to thereafter appear before the Professional Standards Board and make an oral or written statement in his own behalf, though not being permitted to confront and cross-examine witnesses or be represented by counsel.”

   2 later decisions quote this exact passage · from the majority
   e.g. 599 F. Supp. 1554 - Scarnati v. Washington · Giordano v. Roudebush

2. “This status is, however, at the heart of the issue. In Kenneth v. Schmoll, 482 F.2d 90 (10th Cir. 1973), we said: 25 ... It is of course a well-settled rule of statutory construction that an administrative construction given a statute by the agency charged with its administration”

   1 later decision quote this exact passage · from the majority
   e.g. Franks v. Nimmo

3. “'to free the Veterans Administration from some of the shackles that now, we think, act as an impediment and deterrent to the best medical service.'”

   1 later decision quote this exact passage · from the majority
   e.g. Franks v. Nimmo