Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

Henderson v. Shinseki

Docket No.: 09-1036
Certiorari Granted: 06/28/10
Argued: December 6, 2010
Decided: 03/01/11

Topics:

Administrative Procedure, Appellate Procedure, Article I, EPA, Hobbs Act, Title VII, copyright, immigration, judicial review, sovereign immunity

PartyNames: Doretha H. Henderson, Authorized Representative of David L. Henderson, Deceased v. Eric K. Shinseki, Secretary of Veterans Affairs
Petitioner: Doretha H. Henderson, Authorized Representative of David L. Henderson, Deceased
Respondent: Eric K. Shinseki, Secretary of Veterans Affairs

Court Below: United States Court of Appeals for the Federal Circuit
Citation: 589 F.3d 1201
Supreme Court Docket

Doretha H. Henderson, Authorized Representative of David L. Henderson, Deceased
v.
Eric K. Shinseki, Secretary of Veterans Affairs
Question Presented:

Section 7266(a) of Title 38, U.S.C., establishes a 120-day time limit for a veteran to seek judicial review of a final agency decision denying the veteran's claim for disability benefits. Before the decision below, the Federal Circuit in two en banc decisions held that Section 7266(a) constitutes a statute of limitations subject to the doctrine of equitable tolling under this Court's decision in Irwin v. Department of Veterans Affairs, 498 U.S. 89 (1990). In the divided en banc decision below, however, the Federal Circuit held that this Court's decision in Bowles v. Russell, 551 U.S. 205 (2007), superseded Irwin and rendered Section 7266(a) jurisdictional and not subject to equitable tolling. The question presented is whether the time limit in Section 7266(a) constitutes a statute of limitations subject to the doctrine of equitable tolling, or whether the time limit is jurisdictional and therefore bars application of that doctrine.

Question:

Is the time limit in 38 U.S.C. § 7266(a) subject to equitable tolling?

Note:

JUSTICE KAGAN TOOK NO PART

Henderson v. Shinseki
ORAL ARGUMENT

12/06/10

Listen to Oral Argument in Henderson v. Shinseki
Holding: reversed and remanded
Vote: 8-0
Recused: who
Opinion By:

Henderson v. Shinseki
Case Documents

1Henderson v. Shinseki Oral Argument Transcript (HTML)
2Henderson v. Shinseki Oral Argument Audio
3Henderson v. Shinseki Oral Argument Audio
4Henderson v. Shinseki Oral Argument Transcript (HTML)
5Opinion in Henderson v. Shinseki
6Opinion in Henderson v. Shinseki
Additional documents for this case are pending review.