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 …