United States Ninth Circuit
KAISER v. BLUE CROSS OF CA, 02-35020
Dismissal for lack of subject matter jurisdiction is affirmed where 1) the claims arose under Medicare, 2) plaintiff failed to exhaust administrative remedies, 3) plaintiffs do not meet the conditions for waiver of exhaustion, and 4) there is no valid argument for transferring the matter to the Court of Federal Claims.
Appellate Information
- Decided 10/28/2003
- Published 10/28/2003
Judges
- Before: CUDAHY,O'SCANNLAIN and GOULD, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Donald W. Lojek,Lojek Law Offices, Chtd., Boise, ID, for the plaintiffs-appellants.
- For Appellees:
- Thomas E. Moss and Alan G. Burrow, Department of Health and Human Services and Blue Cross of California, Boise, ID, for the defendants-appellees.