Legal Opinion
Cochran v. U.S. Health Care Financing Administration
Court of Appeals for the Eleventh Circuit
Decided May 16, 2002No. 01-13608PublishedCited by 60 opinions
1Opinion of the Court
CARNES, Circuit Judge:
This appeal brings us a paradoxical twist on the conventional argument that exhaustion of administrative remedies should not be required where it would be futile. We have before us a litigant who contends that she should be allowed to circumvent the administrative remedies available to her not because resort to them would be futile, but because it might well be successful. She fears that the agency she has sued would give her administratively everything to which she claims to be entitled, thus mooting her lawsuit and depriving her of the opportunity for victory through…
2Cases cited6 opinions
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Shalala v. Illinois Council on Long Term Care, Inc.Supreme Court of the United States · 2000
- Alexander v. HawkCourt of Appeals for the Eleventh Circuit · 1998
- Scarfo v. GinsbergCourt of Appeals for the Eleventh Circuit · 1999
- United States v. $121,100.00 in United States Currency, Katie Foster, Claimant-AppellantCourt of Appeals for the Eleventh Circuit · 1993
1 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Geneba Glover v. Philip MorrisCourt of Appeals for the Eleventh Circuit · 2006
- Shivers v. International Brotherhood of Electrical Workers Local Union 349Court of Appeals for the Eleventh Circuit · 2008
- United States v. Baxter International, IncorporatedCourt of Appeals for the Eleventh Circuit · 2003
- Stalley v. Methodist HealthcareCourt of Appeals for the Sixth Circuit · 2008
- Official Committee of Unsecured Creditors of PSA, Inc. v. EdwardsCourt of Appeals for the Eleventh Circuit · 2006
55 more not listed; retrieve them via the Exa API.