ISLAND CREEK COAL CO. v. BRYAN

18-3680 & 18-3909 18-4022.

937 F.3d 738 (2019)

ISLAND CREEK COAL COMPANY, Petitioner, v. Melyndia BRYAN, Survivor of Bert F. Bryan; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. Dorris E. Cunningham, Petitioner, v. Island Creek Coal Company; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 11, 2019.


Attorney(s) appearing for the Case

ARGUED: Jeffrey R. Soukup , JACKSON KELLY, PLLC, Lexington, Kentucky, for Petitioner. Brent Yonts , LAW OFFICE OF YONTS, SHERMAN & DRISKILL, PSC, Greenville, Kentucky, for Respondent Bryan. Edward Waldman , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent. ON BRIEF: Jeffrey R. Soukup , William S. Mattingly , JACKSON KELLY, PLLC, Lexington, Kentucky, for Petitioner. Brent Yonts , LAW OFFICE OF YONTS, SHERMAN & DRISKILL, PSC, Greenville, Kentucky, for Respondent Bryan. Edward Waldman , Rita A. Roppolo , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent.

ARGUED: Austin P. Vowels , VOWELS LAW PLC, Henderson, Kentucky, for Petitioner. Joseph D. Halbert , SHELTON, BRANHAM & HALBERT, PLLC, Lexington, Kentucky for Respondent Island Creek. Edward Waldman , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent. ON BRIEF: Austin P. Vowels , VOWELS LAW PLC, Henderson, Kentucky, for Petitioner. Joseph D. Halbert , SHELTON, BRANHAM & HALBERT, PLLC, Lexington, Kentucky for Respondent Island Creek. Edward Waldman , Sean G. Bajkowski , Sarah M. Hurley , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent.

Before: McKEAGUE, THAPAR, and MURPHY, Circuit Judges.


OPINION

It has long been said that the doctrine of administrative exhaustion "is as old as federal administrative law." Raoul Berger, Exhaustion of Administrative Remedies, 48 Yale L.J. 981, 981 (1939). But what is the doctrine's source? A federal statute? Federal common law? A brooding omnipresence in the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases