Legal Opinion
National Association of Radiation Survivors v. Edward J. Derwinski, Secretary of the Department of Veterans Affairs
Court of Appeals for the Ninth Circuit
Decided June 18, 1993No. 92-15988PublishedCited by 36 opinions
1Opinion of the Court
CHOY, Circuit Judge:
A class of individuals with claims for Veterans’ Administration (“VA”) benefits based on exposure to ionizing radiation during service (“IR claimants/plaintiffs”) challenges the constitutionality of a statute that limits to $10 the amount a claimant can pay an attorney representing him in pursuit of VA benefits.' The United States District Court for the Northern District of California held that this fee limitation violates the IR claimants’ procedural due process rights as well as their First Amendment right to free speech and to petition the government. We reverse.
I.…
2Cases cited29 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Wolff v. McDonnellSupreme Court of the United States · 1974
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Goldberg v. KellySupreme Court of the United States · 1970
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
24 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Veterans for Common Sense v. ShinsekiCourt of Appeals for the Ninth Circuit · 2012
- Cushman v. ShinsekiCourt of Appeals for the Federal Circuit · 2009
- Lila M. Mallette v. Arlington County Employees' Supplemental Retirement System II Arlington County Board of SupervisorsCourt of Appeals for the Fourth Circuit · 1996
- Oscar Padilla-Agustin v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1994
- Lawny Lamar Browning v. Richard A. Vernon, Director Ron McKinseyCourt of Appeals for the Ninth Circuit · 1995
31 more not listed; retrieve them via the Exa API.