Willsey v. Peake’s Empirical Analysis
535 F.3d 1368 · 2008
Citation profile
24
cited by 24 later decisions
February 2025
most recently cited
7 federal appellate ·
Relationships
Applies 38 U.S.C. § 5109A · 38 U.S.C. § 7292
Relies on Forshey v. Principi · Russell v. Principi · Prenzler v. Derwinski · Cook v. Principi · Morgan v. Principi
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions extant at the time were incorrectly applied, (2) The error must be “undebatable” and the sort “which, had it not been made, would have manifestly changed the outcome at the time it was made,” and (3) A determination that there was CUE must be based on the record and the law that existed at the time of the prior adjudication in question.”
4 later decisions quote this exact passage“with respect to the validity of [the] decision ... on a rule of law or of any statute or regulation ... or any interpretation thereof ... that was relied on by the Court in making the decision.”
1 later decision quote this exact passagee.g. Cousin v. Wilkie
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.