Opternative, Inc. v. South Carolina Board of Medical Examiners
Syllabus
This appeal arises from Opternative, Inc.'s (Opternative) action challenging the constitutionality of sections 40-24-10 and 40-24-20 of the South Carolina Code (Supp. 2020). The trial court found Opternative lacked standing to challenge the statutes and granted summary judgment to the South Carolina Department of Labor, Licensing and Regulation, the South Carolina Board of Medical Examiners, and the South Carolina Optometric Physicians Association. We reverse and remand.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- emphasizing that “the statutory language and relevant case law make it clear that courts are not free to fashion exceptions to the exhaustion requirement, even when the circumstances of a particular case may seem to merit one”’
- noting that “the statutory language and relevant case law make it clear that courts are not free to fashion exceptions to the exhaustion requirement, even when the circumstances of a particular case may seem to merit one”
- noting there is no futility exception for the PLRA’s exhaustion of administrative remedies requirement
- noting there is no futility exception for the PLRA’s exhaustion of administrative remedies requirement
- emphasis added & quoting Johnson v. Meadows, 418 F.3d 1152, 1156 (11th Cir. 2005)
Source: CourtListener parenthetical corpus (CC0).
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