Legal Opinion
Durr v. Shinseki
Court of Appeals for the Eleventh Circuit
Decided April 19, 2011No. 10-11490PublishedCited by 29 opinions
1Opinion of the Court
CARNES, Circuit Judge:
This appeal brings us an issue arising from the statutory regime that governs part of the employment system in the Department of Veterans Affairs. The issue is whether the two-year probationary period laid out at 38 U.S.C. § 7403 applies to a temporary, at-will VA physician appointed under 38 U.S.C. § 7405. The appellant, Dr. Jacques Durr, contends that it does, relying on the plain language in § 7403. Taken as literally as he would have us read it, however, that language would lead to an absurd result, and the law tries to avoid absurd results.
I
We begin, as courts…
2Cases cited14 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Christensen v. Harris CountySupreme Court of the United States · 2000
- IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)Court of Appeals for the Eleventh Circuit · 2005
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Cox Enterprises, Inc. v. News-Journal CorporationCourt of Appeals for the Eleventh Circuit · 2015
- United States v. State of AlabamaCourt of Appeals for the Eleventh Circuit · 2015
- Sammir A. Poveda v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2012
- Camila Maria Silva-Hernandez v. U.S. Citizenship and Immigration Services, Miami FloridaCourt of Appeals for the Eleventh Circuit · 2012
- Wayne E. Bradley vs Pfizer, Inc.Court of Appeals for the Eleventh Circuit · 2011
24 more not listed; retrieve them via the Exa API.