STORY FROM: Drugs & Medical Devices
5th Cir. Grants Review in Case Involving Claims Brought in Violation of Administrative Exhaustion Requirement
January 20, 2016
NEW ORLEANS — The 5th Circuit U.S. Court of Appeals has agreed to review en banc the question of whether a federal court has jurisdiction over a medical malpractice action filed against in-state defendants in violation of Louisiana’s medical review board pre-submission requirement.
In an en banc brief filed Jan. 6, Stryker Corp. and the medical provider defendants urged the appellate court to adopt a bright-line rule that when a statute requires administrative exhaustion prior to filing suit, courts should disregard any claims brought in violation of that statute for purposes of diversity jurisdiction.
Kale Flagg underwent surgery on his ...
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Irwin Fritchie Urquhart & Moore
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En Banc Brief