Legal Opinion

In Re Price S. Russell

Court of Appeals for the Eighth Circuit

Decided September 16, 1998No. 98-2428PublishedCited by 25 opinions

1Per curiam

Price S. Russell petitions the court for mandamus relief directing the Board of Veterans Appeals (BVA) and the United States Court of Veterans Appeals (CVA) to rule on the issues in his claim. In response the Department of Veterans Affairs (VA) seeks dismissal of the petition for lack of jurisdiction, arguing that jurisdiction over the claim lies exclusively with the CVA and the Federal Circuit. We agree with the government and dismiss the petition for lack of jurisdiction.

The United States retains sovereign immunity from lawsuits unless the government has consented to suit. See United States…

2Cases cited7 opinions

  1. United States v. MitchellSupreme Court of the United States · 1983
  2. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  3. Hugh D. Cox v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
  4. Washington Legal Foundation v. United States Sentencing CommissionCourt of Appeals for the D.C. Circuit · 1996
  5. Beamon v. BrownCourt of Appeals for the Sixth Circuit · 1997

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3Cited by25 opinions

  1. Veterans for Common Sense v. ShinsekiCourt of Appeals for the Ninth Circuit · 2012
  2. Vietnam Veterans of America v. ShinsekiCourt of Appeals for the D.C. Circuit · 2010
  3. Price, Gordon E. v. United StatesCourt of Appeals for the D.C. Circuit · 2000
  4. Branstad v. GlickmanDistrict Court, N.D. Iowa · 2000
  5. Henderson v. Department of Correctional ServicesNebraska Supreme Court · 1999

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