Legal Opinion

Veterans for Common Sense v. Peake

District Court, N.D. California

Decided June 25, 2008No. C-07-3758 SCPublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OF DECISION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

SAMUEL CONTI, District Judge.

I. INTRODUCTION

As a preliminary summary to this decision, the Court concludes: In reviewing each of the items of relief requested by Plaintiffs, the grievances of Plaintiffs are misdirected. The remedies to the problems, deficiencies, delays and inadequacies complained of are not within the jurisdiction of this Court. Rather, this authority lies with Congress, the Secretary of the Department of Veterans Affairs (“VA”), the adjudication system within the VA, and the Federal Circuit. Congress has…

2Cases cited37 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Lewis v. CaseySupreme Court of the United States · 1996
  4. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  5. Goldberg v. KellySupreme Court of the United States · 1970

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3Cited by9 opinions

  1. Veterans for Common Sense v. ShinsekiCourt of Appeals for the Ninth Circuit · 2012
  2. Veterans for Common Sense v. Eric K. ShinsekiCourt of Appeals for the Ninth Circuit · 2011
  3. Military Order of the Purple Heart v. Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2009
  4. Veterans for Common Sense v. ShinsekiCourt of Appeals for the Ninth Circuit · 2011
  5. Veterans for Common Sense v. ShinsekiCourt of Appeals for the Ninth Circuit · 2012

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