Legal Opinion
United State v. Eadarso
District Court, E.D. New York
Decided November 22, 1996No. CV 96-3053(ABS)PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
SPATT, District Judge.
The third-party defendant, the Department of Veterans Affairs (“VA” or the “third-party defendant”), moves the Court to dismiss the third-party complaint of the third-party plaintiff Carmen Eadarso (“Eadarso” or the “third-parly plaintiff’) for lack of subject matter jurisdiction pursuant to Fed. R.Civ.P. 12(b)(1). The VA submits this motion to dismiss on the ground that the Court’s review of the VA’s determination not to award benefits to Eadarso is expressly precluded by the provisions of 38 U.S.C. § 511(a).
I. BACKGROUND
On or about July 30,…
2Cases cited19 opinions
- Johnson v. RobisonSupreme Court of the United States · 1974
- Harold Weisberg v. U.S. Department of Justice, (Two Cases). Harold Weisberg v. U.S. Department of Justice. (Two Cases)Court of Appeals for the D.C. Circuit · 1984
- IUE AFL-CIO Pension Fund v. HerrmannCourt of Appeals for the Second Circuit · 1993
- California v. United StatesSupreme Court of the United States · 1978
- Silberschein v. United StatesSupreme Court of the United States · 1924
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3Cited by1 opinion
- Gonzalez v. United StatesDistrict Court, D. Puerto Rico · 2012