Gossett v. Czech’s Empirical Analysis
581 F.3d 891 · 2009
Citation profile
1 federal appellate · 1 state decisions
Relationships
Applies 28 U.S.C. § 1291 · 29 U.S.C. § 701 (Employment Opportunities for Individuals With Disabilities Act) · 38 U.S.C. § 301 (Department of Veterans Affairs Act) · 38 U.S.C. § 511 · 38 U.S.C. § 5301 · 38 U.S.C. § 5502 · 42 U.S.C. § 12101 (§ 2 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Washington State Department of Social & Health Services v. Guardianship Estate of Keffeler · Lawrence v. Shaw · Oregon Natural Resources Council v. Allen · Tarza Nelson-Cross v. Barbara Heiss · Puga v. Chertoff
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a)(1) Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary. . . . (3)(A) This paragraph is intended to clarify that, in any case where a beneficiary entitled to compensation, pension, or dependency and indemnity compensation enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive such benefit by payment of such compensation, pension, or dependency and indemnity compensation . . . and including deposit into a joint account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited.”
1 later decision quote this exact passage · from the majority“The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.”
1 later decision quote this exact passage · from the concurrence“the person or legal entity best suited to receive [VA] benefits in a fiduciary capacity for a beneficiary who is mentally ill (incompetent) or under legal disability ....”
1 later decision quote this exact passage · from the majoritye.g. White v. Wright
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.