Legal Opinion · Dissent

Robert F. Burns v. United States

Court of Appeals for the Ninth Circuit

Decided June 28, 1985No. 84-3599Published

1DissentReinhardt, Circuit Judge

The majority opinion raises one more unwarranted barrier to the affording of fair treatment to citizens injured by the actions of their government, one more unnecessary roadblock to the determination of cases on their merits in the federal courts. The majority holds that a brain damaged veteran who seeks assistance from the Veterans Administration in filing a claim relating to his injuries and who reasonably relies on a Veterans Administration caseworker to fill out the proper claim form on his behalf loses his right to sue the government for negligently performed surgery when the claim filed…

2Cases cited31 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Zipes v. Trans World Airlines, Inc.Supreme Court of the United States · 1982
  3. United States v. KubrickSupreme Court of the United States · 1979
  4. Heckler v. Community Health Services of Crawford County, Inc.Supreme Court of the United States · 1984
  5. United States v. Hiram WebbCourt of Appeals for the Ninth Circuit · 1981

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