Marshall v. Chater
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Courts continue to apply its rule that arguments first raised in objections to a magistrate judge's recommendation are waived. Several opinions cite Marshall beside a parenthetical reporting that Greenhow v. Secretary of Health & Human Services was overruled on other grounds. That history concerns Greenhow, not Marshall. Perez v. Commissioner of Social Security Administration distinguished Marshall's reopening analysis because the later agency decision addressed a different period; it did not confine Marshall's rule.
53 later cases cite Marshall v. Chater; 53 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Marshall v. Chater?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
No reviewed court has overruled or limited this case.
Every one of the 53 flagged citations was read, and each turned out to be something other than adverse treatment: a routine application, a party's argument the court rejected, or the case itself discussing older law. That reading is the finding this page exists to report.
Does this case still carry your argument?
Describe your facts. Ezel reads Marshall v. Chater and the cases that treated it, then tells you whether it still holds for your situation, with citations.
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