Bailey v. West
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The Federal Circuit overruled Bailey in Henderson v. Shinseki in 2009, but the Supreme Court reversed that judgment in 2011 and left the equitable tolling question open. The Federal Circuit subsequently relied on Bailey's equitable tolling reasoning in James v. Wilkie (2019).
47 later cases cite Bailey v. West; 47 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 Bailey v. West?
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 47 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 Bailey v. West and the cases that treated it, then tells you whether it still holds for your situation, with citations.
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