great resource for Vet legal matters

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Caruthers
Ranger
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Joined: June 14th, 2005, 8:12 am

great resource for Vet legal matters

Post by Caruthers »

Thought you’d appreciate; this is a great resource for Veterans related legal matters: http://www.veteranslawlibrary.com/index.html" onclick="window.open(this.href);return false;



Also, here are two interesting cases:



Last weeks opinions from the Supreme Court:



Staub v. Proctor

Holding: If a supervisor performs an act motivated by bias against the military that the supervisor intends to cause an adverse employment action, and if that act is the proximate cause of the ultimate employment action, then the employer can be held liable under a federal statute that prohibits employment discrimination against members of the armed services.

Plain English Holding: If a supervisor, motivated by bias, takes action intended to get an employee fired, and if that act actually causes the employee to get fired, the employee can sue the company for employment discrimination, even if the biased supervisor is not the final decision maker and even if the final decision maker is unbiased.

The Court unanimously held that an employer can be liable for discrimination if a decision that is detrimental to an employee is influenced by bias, even if the person who actually makes the detrimental decision is not the biased party. In other words, if someone in the chain of command is biased, and that person influences an employment decision, the employer is liable under federal law – even if someone else carries out the decision. Although the case came to the Court under a law with fairly limited application, many have commented that its holding will affect employment discrimination cases more broadly.



Henderson v. Shinseki

Holding: The deadline for filing a notice of appeal with the Veterans Court does not have jurisdictional consequences, and Congress did not require the 120-day deadline to be treated as jurisdictional. (Kagan, J., recused)

Plain English Holding: The deadline for filing a notice of appeal with the Veterans Court is not jurisdictional. (Kagan, J., recused)

In this case, Henderson v. Shinseki, a veteran sought disability benefits, but that very disability caused him to miss a deadline to file an appeal when they were denied. In an opinion by Justice Alito, the Court held unanimously that veterans who miss filing deadlines in special tribunals may still be able to bring their cases, including because Congress has a long history of caring about veterans.









Allen Bergeron

City of Austin

Veterans Consultant

(512)974-3459



The Marine Corps taught me about physical, mental and yes spiritual courage, team work, and the absolute virtue of the human being's great adventure
"When injustice becomes Law, resistance becomes duty"

Thomas Jefferson

Gold is the money of kings; silver is the money of gentlemen; barter is the money of peasants; but debt is the money of slaves.”
- Norm Franz
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