News & Analysis as of

Administrative Remedies

Downey Brand LLP

First District Invalidates Garaventa Hills EIR for Improperly Classifying No-Project Alternative of Preserving Residentially-Zoned...

Downey Brand LLP on

On March 30, 2022, the First District Court of Appeal published its opinion in Save the Hill Group v. City of Livermore (2022) 76 Cal.App.5th 1092, invalidating an Environmental Impact Report (“EIR”) for the Garaventa Hills...more

Buchalter

Non-contracted Providers Must Exhaust Administrative Remedies for Medicare Advantage Claims

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Health plans routinely assert that contracted providers must appeal underpayments or claim denials according to the health plans’ internal dispute process. The payer/provider agreement itself, or provider manuals that health...more

Freeman Law

Qualified Offers: How to Make the IRS Pay Your Legal Fees

Freeman Law on

Qualified Offers - The prospect of forcing the IRS to pay legal fees can be an enticing one. And the qualified offer provides a strategic weapon to do just that. A taxpayer who makes a qualified offer to the IRS and later...more

Allen Matkins

Top 7 Takeaways from the Allen Matkins 2022 Real Estate Development Law Update

Allen Matkins on

The economy is strong and growing — perhaps too quickly as the labor market remains tight. A surprising number of people are choosing to stay out of the labor market, for now, contributing to the supply chain disruptions...more

Dentons

Eighth Circuit Court Affirms Dismissal of COVID 'Overpaid' Premium Suit

Dentons on

On February 3, 2021, the United States Court of Appeals for the Eighth Circuit issued its decision in the Alissa’s Flowers, Inc. v. State Farm Fire & Casualty Company matter affirming the United States District Court for the...more

Perkins Coie

Informal Communications Failed to Meet Requirement to “Petition” City Officials for Appeal

Perkins Coie on

A project challenger failed to exhaust administrative remedies because an email exchange and dinner meeting with city officials expressing general concerns about a recent permit approval did not satisfy the burden to...more

Perkins Coie

CEQA Existing Facilities Exemption Inapplicable to Unlined Landfills and Exhaustion of Administrative Remedies not Required Where...

Perkins Coie on

A California Court of Appeal held that CEQA’s issue exhaustion requirement did not preclude a challenge to Inyo County’s exemption determinations for condemnation proceedings and expanded operation of unlined landfills...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor: ERISA Exhaustion Requirement Not Satisfied by Verbal Appeal When Plan Required Written Appeal

In Ligotti v. United Healthcare Services, 2021 U.S. Dist. LEXIS 106992 (S.D. Fla., June 8, 2021), a Florida district court held that a health care provider challenging claim denials on behalf of his patients cannot satisfy...more

WilmerHale

Future Of Issue Exhaustion In Agency Rulemaking Challenges

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Participants in administrative proceedings are routinely cautioned to raise, or "exhaust," all issues with the agency to avoid being barred from later raising those issues in court. But whether a court will require issue...more

Payne & Fears

Key California Employment Law Cases: September 2021

Payne & Fears on

Chamber of Commerce v. Bonta, No. 20-15291, 2021 WL 4187860 (9th Cir. Sep. 15, 2021) - Summary: The FAA does not preempt Labor Code section 432.6’s prohibition of mandatory employment arbitration agreements, but does...more

Thompson Coburn LLP

Regulatory risks of marketing CBD-infused food, beverages, and dietary supplements

Thompson Coburn LLP on

As is evident from a walk down a grocery store aisle, many companies are marketing CBD-infused food, beverage, and dietary supplements. And, as many of these companies know, the FDA has not approved CBD use in these products...more

Obermayer Rebmann Maxwell & Hippel LLP

The NLRB and Congress Move to Protect Union Organizing and Employees through Enhanced Remedies for Both and Increased Penalties...

On September 8, 2021, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo created quite a stir when she issued a memorandum (GC 21-06) (“Memo”) bearing the subject line “Seeking Full Remedies.” The Memo...more

Quarles & Brady LLP

Court Decision Opens Door to Potential Flood of Federal Court Litigation Against Indiana Skilled Nursing Facilities

Quarles & Brady LLP on

On July 27, 2021, the United States Court of Appeals for the Seventh Circuit (the "Court" or "7th Circuit") issued a ruling which could dramatically impact litigation involving Indiana skilled nursing facilities (SNFs). In...more

Jones Day

New Ohio Law Modifies the Legal Requirements for State Employment Discrimination Claims

Jones Day on

The Ohio Employment Law Uniformity Act ("Act") took effect on April 15, 2021, streamlining Ohio law and aligning it with federal law in the area of employment discrimination claims in various respects. A summary of the key...more

Saul Ewing Arnstein & Lehr LLP

The Friday Five: Five Current ERISA Litigation Highlights - July 2021

This month’s Friday Five covers cases relating to the exhaustion of administrative remedies set forth only in a denial of benefits letter, the scope of information required to be provided to medical reviewers, whether...more

Sheppard Mullin Richter & Hampton LLP

“What’s In A Name?”: Federal Circuit Holds Claims Court Blurred Distinction Between ‘Size Protests’ And ‘Bid Protests’ In...

Many small businesses learn the hard way that a “bid protest” and a “size protest” differ in much more than name only. Whereas generally a “bid protest” challenges agency action taken in connection with a procurement and can...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor – June 2021: Insurer's Likelihood to Deny Claim Does Not Excuse Claimant's Obligation to Exhaust...

In Ruderman v. Liberty Mut. Grp., Inc., 2021 U.S. Dist. LEXIS 40516 (N.D.N.Y. Mar. 4, 2021), a New York district court held that just because an insurer might have been likely to deny a claim does not excuse a claimant's...more

Downey Brand LLP

First District Denies Challenge to Napa County Approval of Mining Operations Because Petitioner Failed to Exhaust Administrative...

Downey Brand LLP on

In Stop Syar Expansion v. County of Napa (2021) 63 Cal.App.5th 444, the First District Court of Appeal upheld Napa County’s Environmental Impact Report (EIR) for the expansion of Syar Industries, Inc.’s aggregate mining...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor – June 2021

Hinshaw's LHD/ERISA Advisor remains committed to bringing you recent legal developments that may guide your life, health, and disability litigation strategy and claims decisions....more

Jackson Lewis P.C.

Administrative Exhaustion Is Required Even When Not Mentioned In Plan

Jackson Lewis P.C. on

The Eastern District of Missouri recently examined whether administrative exhaustion is a prerequisite to an ERISA suit alleging a wrongful denial of employee benefits, where the benefit plan’s language did not include an...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides United States v. Palomar-Santiago

On May 24, 2021, the U.S. Supreme Court decided United States v. Palomar-Santiago, No. 20-437, holding that each of the statutory requirements for bringing a collateral attack against a removal order under 8 U.S.C. § 1326(d)...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

Remand Order Constitutes Sufficient Degree of Success on the Merits to Justify Attorneys' Fees Award- May 24 2021

In Fisher v. Aetna Life Ins. Co., 2020 U.S. Dist. LEXIS 184024 (S.D.N.Y. Oct. 5, 2020), the court held that a remand order requiring the claim administrator to reassess its denial of benefits constituted a sufficient degree...more

Downey Brand LLP

First District Finds Petitioner Failed to Exhaust Administrative Remedies in CEQA Challenge to Removal of Controversial Sculpture

Downey Brand LLP on

In an opinion filed on February 1, 2021, the First Appellate District in Schmid v. City and County of San Francisco found that petitioners challenging the City of San Francisco’s decision to remove a controversial sculpture...more

Payne & Fears

Key California Employment Law Cases: March 2021

Payne & Fears on

Clark v. Superior Court., No. D077711, 2021 WL 1050057 (Cal. Ct. App. Mar. 19, 2021) - Summary: Employee exhausted her administrative remedies despite failing to identify her employer’s proper legal name in her DFEH...more

Fisher Phillips

Ohio Employers Need To Prepare For Welcomed New Discrimination Law Process

Fisher Phillips on

Ohio Governor Mike DeWine recently signed the Employment Law Uniformity Act into law, which will soon eliminate many administrative burdens and uncertainties for employers and human resources professionals while still...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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