· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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