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· 5/8/2001

McArthur Ester v. Anthony J. Principi, Secretary of Veterans Affairs

Citations

  • 250 F.3d 1068
  • 2001 WL 477425

How courts have described this case

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

  • holding that “strong policy considerations compel us toward [requiring requiring administrative process, including] the values of judicial economy, agency autonomy, accuracy, and the need for a well-developed record for review”
  • noting that a federal employee who files an untimely administrative complaint has failed to exhaust administrative remedies and is generally barred from bringing an action in federal court
  • discussing “strong policy considerations” underlying the rule that agency waives untimeliness defense by failing to address it at administrative level
  • discussing “strong policy considerations” underlying the rule that agency waives untimeliness defense by failing to address it at administrative level
  • “[W]hen an agency decides the merits of a complaint, without addressing the question of timeliness, it has waived a timeliness defense in a subsequent lawsuit.”
  • “[W]hen an agency decides the merits of a complaint, without addressing the question of timeliness, it has waived a timeliness defense in a subsequent lawsuit.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Flaum, Easterbrook, Williams

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.