American Orthotic and Prosthetic Association, Inc. v. Sebelius

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Proving futility requires demonstrating] that defeat is certain, which the plaintiff cannot demonstrate if its members are succeeding in appeals before the agency.”
• “As all of [plaintiff]’s claims are substantively based in the Medicare Act, satisfaction of the Act’s conditions regarding judicial review is required.”
• “Because [plaintiff’s letters] were not tied to any concrete claims, [plaintiffs]’s self-described ‘detailed critiques of the [agency action] . . . [were] insufficient to establish presentment.”
• “Because [plaintiff’s letters] were not tied to any concrete claims, [plaintiffs]’s self-described ‘detailed critiques of the [agency action] . . . [were] insufficient to establish presentment.’”

Source: CourtListener parenthetical corpus (CC0).