Topic: a substantial departure from important procedural rights, a… · Go Syfert
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Topic #26041

5 canonical passages across 4 cases, quoted by 15 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Dorothea M. Scroggins v. The United States.

#Case FlagCanonical passage Citers
1 Dorothea M. Scroggins v. The United States Anchor
cc · 1968
green “a substantial departure from important procedural rights, a misconstruction of the governing legislation, or some like error going to the heart of the administrative decision.” 3
2 Matthew H. Sawyer v. The United States
cafc · 1991
green “the disability is not the result of the member's intentional misconduct or willful neglect.” 3
3 Towell v. United States
cc · 1960
green “in order to determine whether its conclusions were supported by substantial evidence.” 3
4 Towell v. United States
cc · 1960
green “we find nothing in the record which permits us to say that the army medical judgment was wrong and as a consequence that the action of the correction board was erroneous.” 3
5 Furlong v. United States
cc · 1961
green “we do not think that plaintiff has sustained his burden of showing by cogent and clearly convincing evidence that the retiring board was arbitrary or capricious in finding that at the time of discharge he was not incapacitated for active service.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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