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← 519 F.3d 1312 - Savitz v. Peake

Savitz v. Peake’s Empirical Analysis

519 F.3d 1312 · 2008

Citation profile

2
cited by 2 later decisions
February 2012
most recently cited

Relationships

Applies 38 U.S.C. § 7105 · 38 U.S.C. § 7266

Relies on Rosenthal v. Walker · Rios v. Nicholson

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Because neither the Board nor the Veterans Court has addressed the issue of whether Mr. Savitz’s evidence satisfies the common law mailbox rule and thus creates a presumption that his notice of disagreement was received by the VA in 1946, we reverse the decision of the Veterans Court and remand for further proceedings under the proper standard. Because application of the mailbox rule will likely require a factual determination as to the evidence of mailing in 1946, the Veterans Court may find it necessary to remand to the Board for new factual findings as to whether Mr. Savitz has made a sufficient showing to be entitled to the benefit of the common law mailbox rule.”
    1 later decision quote this exact passage · from the majority
  2. “[T]he Federal Circuit determined that the common law “mailbox rule” would be applicable to this case if the Veteran could prove that he deposited the notice of disagreement into an authorized mailbox or otherwise placed it into the hands of U.S. Postal Service officials. In essence, if he could establish that he mailed the document, it would be presumed that such document was received by VA shortly thereafter.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.