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Defendants Can Amend Answer to Raise Administrative Exhaustion Defense

Loaded on May 15, 2007

Filed under: Civil Procedure, Administrative Exhaustion. Location: New York.

Defendants are granted leave to amend their answer to assert non-exhaustion
as a defense. There was no indication of bad faith; they rely on a change
in the law occasioned by Porter v. Nussle. Why they waited two years is
not explained. The court finds there is no prejudice and …

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