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Civil Procedure Keyed to Babcock
Walters v. National Association of Radiation Survivors
Citation:
473 U.S. 305 (1985)Facts
Congress establishes a scheme through which veterans may apply for and receive benefits, and has the Veterans Administration (VA) oversee it. The benefits hearings are intended to be informal and non-adversarial with a primary fact-finding purpose, in part to get through the volume of cases. The relevant statute caps attorney’s fees in the hearings at $10 and imposes criminal penalties on those who violate the statute. The National Association of Radiation Survivors claims the cap on attorney’s fees violates their Fifth Amendment Due Process right because it hinders their ability to obtain legal counsel to adequately present their case.
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