· 11/25/1997
Sarah Robyns v. Reliance Standard Life Insurance Company and Community Centers of Indianapolis, Inc.
Citations
- 130 F.3d 1231
- 162 A.L.R. Fed. 627
- 1997 U.S. App. LEXIS 33502
- 1997 WL 730713
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- referring to suit filed before completion of administrative review process as a “classic case of jumping the gun”
- Robyns waived the futility argument because she “did not argue this point to the district court,” and in any event her argument was solely based on conjecture
- “The well-established rule in this Circuit is that a plaintiff waives the right to argue an issue on appeal if she fails to raise the issue before a lower court.”
- plaintiff claimed an administrative appeal would be futile because the defendant was predisposed to deny her claim; the court disagreed because the evidence was insufficient to show that the defendant’s review procedure wouldn’t root out any predisposition
- absence of neutral arbitrator not determinative of futility of administrative remedy
Source: CourtListener parenthetical corpus (CC0).
Judges: Cummings, Easterbrook, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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