Legal Opinion

Rochling v. Department of Veterans Affairs

Court of Appeals for the Eighth Circuit

Decided August 8, 2013No. 12-2828PublishedCited by 25 opinions

1Opinion of the Court

BENTON, Circuit Judge.

Following a patient’s death at a Veterans Affairs hospital, the family sued the VA for medical malpractice. The VA settled with the family. After reviewing the case, the VA determined that the settlement was “for the benefit of’ Dr. Fedja A. Rochling, M.D. This finding required a report to the National Practitioner Data Bank (NPDB). Following his administrative appeals, Rochling sued the VA alleging due-process and Administrative Procedure Act violations. The district court 1 dismissed the due-process counts for failure to state a claim. The court then denied Rochling’s…

2Cases cited37 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  5. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971

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3Cited by25 opinions

  1. H & Q Properties, Inc. v. DollCourt of Appeals for the Eighth Circuit · 2015
  2. Sriram Rajasekaran v. Mark HazudaCourt of Appeals for the Eighth Circuit · 2016
  3. Doe v. Rodgers, M.H.A.District Court, District of Columbia · 2015
  4. Steve Ray v. ESPN, Inc.Court of Appeals for the Eighth Circuit · 2015
  5. Dakota Provisions, LLC v. Hillshire Brands Co.District Court, D. South Dakota · 2016

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