United States Seventh Circuit

A chiropractor's ERISA suit against patient's insurer for full payment, following patient's assignment of payment rights to chiropractor, was correctly dismissed, where the chiropractor failed to exhaust administrative remedies, and no facts were pled to support the futility exception to exhaustion requirement.

Appellate Information

• Argued 05/30/2002
• Decided 07/01/2002
• Published 07/01/2002

Judges

• FLAUM, Chief Judge., BEFORE:  FLAUM, Chief Judge, and WOOD, Jr., and MANION, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• James P. Ginzkey (argued), Hayes, Hammer, Miles, Cox & Ginzkey, Bloomington, IL, for plaintiff-appellant.


• For Appellees:
  
• Randy J. Curato, Edward M. Graham (argued), Bell, Boyd & Lloyd, Chicago, IL, for defendant-appellee.