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· 1/12/1995

Hickey v. Digital Equipment Corporation

Citations

  • 43 F.3d 941
  • 18 Employee Benefits Cas. (BNA) 2762
  • 1995 U.S. App. LEXIS 492
  • 69 Fair Empl. Prac. Cas. (BNA) 906
  • 1995 WL 9762

How courts have described this case

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

  • holding that employees were required to exhaust administrative remedies before bringing suit for severance benefits
  • holding at the motion to dismiss stage that “[a]lthough appellants allege that ‘the remand [to the Committee] was a mere formality if not a charade,’ [] they have not made the ‘clear and positive’ showing of futility required to circumvent the exhaustion requirement.”
  • rejecting an assertion of futility when claimant did not file a written claim and alleged, with no further foundation, that doing so would have been “a mere formality if not a charade”
  • rejecting an assertion of futility when claimant did not file a written claim and alleged, with no further foundation, that doing so would have been “a mere formality if not a charade”
  • rejecting an assertion of futility when claimant did not file a written claim and alleged, with no further foundation, that doing so would have been “a mere formality if not a charade”
  • rejecting an assertion of futility when claimant did not file a written claim and alleged, with no further foundation, that doing so would have been “a mere formality if not a charade”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hall, Michael, Phillips

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.