Legal Opinion

McArthur Ester v. Anthony J. Principi, Secretary of Veterans Affairs

Court of Appeals for the Seventh Circuit

Decided May 8, 2001No. 00-1732PublishedCited by 53 opinions

1Opinion of the Court

WILLIAMS, Circuit Judge.

McArthur Ester claims that his former employer, the Department of Veterans Affairs (“the VA”), denied him a promotion in violation of Title VII of the Civil Rights Act of 1964. The district court granted the VA summary judgment on the ground that Ester had failed to exhaust his administrative remedies in a timely fashion, rejecting Ester’s claim that the VA had waived any such requirement by not asserting it in administrative proceedings. We believe a finding of waiver is appropriate, however. Therefore, we reverse and remand.

I

In 1993, VA officials at Hines VA Benefits…

2Cases cited15 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Harris v. ReedSupreme Court of the United States · 1989
  3. Ylst v. NunnemakerSupreme Court of the United States · 1991
  4. McKart v. United StatesSupreme Court of the United States · 1969
  5. Brown v. General Services AdministrationSupreme Court of the United States · 1976

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3Cited by53 opinions

  1. Nurriddin v. BoldenDistrict Court, District of Columbia · 2009
  2. John L. Horton v. John E. Potter, Postmaster GeneralCourt of Appeals for the Sixth Circuit · 2004
  3. Robert Formella v. Megan J. BrennanCourt of Appeals for the Seventh Circuit · 2016
  4. Lu Ann Geldon v. South Milwaukee School DistrictCourt of Appeals for the Seventh Circuit · 2005
  5. Marcos Mercado and Suzanne Hebert-Jomp v. The Ritz-Carlton San Juan Hotel, Spa & CasinoCourt of Appeals for the First Circuit · 2005

48 more not listed; retrieve them via the Exa API.

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