STORY FROM: Drugs & Medical Devices

5th Cir. Grants Review in Case Involving Claims Brought in Violation of Administrative Exhaustion Requirement

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 ...

Associated Law Firms
Irwin Fritchie Urquhart & Moore
Manuel Lopez
Ohlmeyer & Ohlmeyer

Associated Documents
En Banc Brief

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