· 5/24/2011
Mills v. Union Security Insurance
Citations
- 832 F. Supp. 2d 587
- 51 Employee Benefits Cas. (BNA) 2489
- 2011 U.S. Dist. LEXIS 56155
- 2011 WL 2036698
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- plaintiff required to personally serve school district where the petition “failed to set forth any claim that the District had waived personal service”
- “[T]hough the SRO, in its discretion, might consider whether a party has suffered prejudice, the regulations require a showing of good cause to excuse untimeliness – and here, Plaintiff provided none.”
- “The ‘arbitrary and capricious’ inquiry requires the Court to determine whether the SRO’s decision was supported by a consideration of the relevant factors and whether a clear error of judgment occurred.”
- “Courts in this Circuit have held that—absent good cause shown—a party who fails to make a timely appeal to the SRO, or fails to timely serve the respondent, has failed to satisfy the exhaustion requirement.” (collecting cases)
Source: CourtListener parenthetical corpus (CC0).
Judges: Boyle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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