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Cases cited for the legal proposition you have searched for.

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1

..., 149 L.Ed.2d 958 (2001). Nevertheless, some courts apply a substantial compliance doctrine to cases where the cause of action accrued prior to April 26, 1996 (effective date of...the events in his complaint occurred after the effective date of the PLRA, we should apply the substantial compliance doctrine when "requests and grievances have gone completely unanswered." But courts...have applied the substantial compliance doctrine only to pre-PLRA causes of action to avoid the injustice of requiring exhaustion of remedies that were not required to be exhausted at the time of the...


Court: United States Court of Appeals, Seventh Circuit.
Date: Aug 14, 2002 Cited By: 790 Coram: 1
2

...court that substantial compliance can operate to obviate the need for a deadline extension and because we see no abuse of discretion in the bankruptcy court's application of the doctrine in the present...the lower courts' use of the "substantial compliance" doctrine as a substitute for Bankr.R. 9006(b)(1)'s "excusable neglect" requirement. This characterization represents a misunderstanding of both...terms' usage in this case. The bankruptcy court held that Appellees' substantial compliance with the notice provision made their Tier I election timely, not that Appellees' substantial compliance with the provision justified an extension of time. Thus, according to the court, Appellees timely complied, making a deadline extension and a resort to Rule 9006(b) (excusable neglect) unnecessary. Correspondingly, the appropriate inquiry is whether the substantial compliance doctrine can...


Court: United States Court of Appeals, Sixth Circuit.
Date: Apr 4, 2002 Cited By: 113 Coram: 3
3

...compliance law is preempted by ERISA and that a federal common law doctrine of substantial compliance applies. 828 F. Supp. 379. Because the court found...and submitted by both parties. The district court concluded that ERISA preempted the application of state law, and, applying a federal common law doctrine of substantial compliance, found in favor of...Security Act of 1974 (ERISA). A threshold issue in the instant case is whether ERISA preempts the state common law doctrine of substantial compliance. When Congress enacted ERISA, it established a...


Court: United States Court of Appeals, Fourth Circuit.
Date: Jul 27, 1994 Cited By: 136 Coram: 1
4

..., 411 P.2d 564 (1966), adopted the doctrine of substantial compliance to determine whether a contractor has complied with the licensing requirements to the degree necessary to avoid being barred from bringing suit. The elements of the substantial compliance doctrine are...us to indicate that the trial court inappropriately applied the substantial compliance doctrine. The court recognized the public policy considerations in requiring adherence to licensing requirements.... That a contractor held a valid license at the time the contract was entered into is a crucial element of the substantial compliance doctrine. Id. at 65...


Court: Supreme Court of New Mexico.
Date: Jan 23, 1992 Cited By: 169
5

...requirements for application of the substantial-compliance doctrine. We affirm the judgment of the District Court. The Honorable..., 704 N.E.2d at 561. Under both Missouri and New York law, a court may apply the equitable doctrine of substantial compliance to carry out the insured's intent where the insured has not strictly complied with the policy terms prescribing how to change a beneficiary. Anglen v. Heimburger, 803 S.W.2d 109, 112 (Mo.Ct.App. 1990); McCarthy, 681 N.Y.S.2d 790, 704 N.E.2d at 560. As a general rule, this doctrine makes...court stated that Missouri's substantial-compliance test contains two elements: (1) the insured's intent to change the beneficiary must be "established beyond question," and (2) the "insured has done everything possible under [the] circumstances." Under New York law, the "paramount factor" in determining whether application of the substantial-compliance doctrine is...


Court: United States Court of Appeals, Eighth Circuit.
Date: Feb 1, 2007 Cited By: 117 Coram: 1
6

...whether the substantial compliance doctrine applies to the real estate brokers and salespersons act (REBSA), chapter 18.85 RCW, and whether Williamson, Inc., substantially complied with the licensing...requirements of REBSA. Calibre Homes, Inc. (Calibre) argues the substantial compliance doctrine does not apply to REBSA. Calibre further argues that even if the doctrine applies to REBSA, Williamson...complied with REBSA. We agree with the Court of Appeals. We hold the substantial compliance doctrine applies to REBSA, and Williamson, Inc., substantially complied with REBSA. The Court of Appeals is...


Court: The Supreme Court of Washington. En Banc.
Date: Sep 19, 2002 Cited By: 22 Coram: 2
7

...with Prudential's requests for additional information and for an independent medical examination. On appeal, Nichols argues that the "substantial compliance" doctrine is inconsistent with the regulation...novo. Prudential argues that the district court's order was an interlocutory remand order over which this Court does not have appellate jurisdiction, that the "substantial compliance" doctrine is...C.F.R. § 2560.503-1(h) precludes the judicial creation of a "substantial compliance" doctrine. We finally hold that the lack of discretion vested in the plan administrator, or alternatively...


Court: United States Court of Appeals, Second Circuit.
Date: Apr 21, 2005 Cited By: 183 Coram: 1
8

...provisions, Trishan seeks universal application of the substantial compliance doctrine untethered from the type of warranty at issue. However, strict compliance with pilot warranties serves as a necessary...substantial compliance doctrine utilized in cases involving statutory requirements. However, this precedent is inapposite. For example, in Costa v. Superior...substantial compliance with recordkeeping requirements is sufficient. See id. at 827. Notably, Nat'l Union and Nat'l Surety did not address warranties involving the actual risk upon which the insurer makes its coverage decisions. Thus, it does not follow that application of the substantial compliance doctrine regarding...


Court: United States Court of Appeals, Ninth Circuit.
Date: Feb 16, 2011 Cited By: 127 Coram: 2
9

...tax. Baccei appeals the district court's summary judgment order, arguing that the district court erred in: (1) concluding the substantial compliance doctrine was inapplicable to regulations governing...substantially complied with the regulations, holding that the substantial compliance doctrine was inapplicable since the regulatory requirements were substantive and not procedural. The court observed...that Baccei's extension request was deficient in several respects and concluded that application of the substantial compliance doctrine would permit Baccei "to evade the substantive requirements that the...


Court: United States Court of Appeals, Ninth Circuit.
Date: Feb 16, 2011 Cited By: 91 Coram: 3
10

...) ERISA preempted the state doctrine of substantial compliance; (2) a federal common law doctrine of substantial compliance applied; and (3) under the federal common law doctrine of substantial.... In making a de novo determination, we apply the equitable doctrine of substantial compliance to determine whether Mr. Montgomery's attempt to change the beneficiary, although less than what the 401(k...discretion to determine whether the beneficiary designation requirements were met does not end our inquiry. Courts have discretion to employ the equitable doctrine of substantial compliance, which is intended to circumvent harsh results "engendered by a formalistic, overly technical adherence to the exact words of the change of beneficiary provision in a given policy." Phoenix Mutual Life Insurance Co. v. Adams, 30 F.3d 554, 563 (4th Cir. 1994). This doctrine necessarily...


Court: United States Court of Appeals, Ninth Circuit.
Date: Mar 13, 2000 Cited By: 84 Coram: 1
11

.... Phoenix Mut. Life Ins. Co. v. Adams, 30 F.3d 554, 559 (4th Cir. 1994). Thus, Mildred advocates that we apply the Illinois doctrine of "substantial compliance.... The Illinois doctrine of substantial compliance requires that, for a change of...compliance applies generally to life insurance policy beneficiary designations, see Dooley, 65 Ill. Dec. 911, 442 N.E.2d at 227, and accordingly does not have "reference to" an ERISA plan for purposes of preemption. Therefore, the only issue is whether the substantial compliance doctrine as...


Court: United States Court of Appeals, Seventh Circuit.
Date: Jul 17, 2002 Cited By: 259 Coram: 1
12

.... Substantial Compliance Millay asserts that if he did not strictly comply with chapter 6.23, he has at least substantially complied with the statutory redemption requirements. However, the substantial compliance doctrine applies...substantial compliance doctrine. A remedial statute relates to "`practice, procedure, or remedies and does not affect a substantive or vested right...256. This court carefully scrutinizes the application of the substantial compliance doctrine as redemption laws are "highly complex" and "[t]he rights established by the Legislature must remain...


Court: The Supreme Court of Washington. En Banc.
Date: May 21, 1998 Cited By: 192
13

...definition of "hospital" is clear and unambiguous, there is no basis here for application of the "substantial compliance" doctrine. Thus, it is unnecessary to reach any of the other...


Court: Court of Appeals of the State of New York.
Date: Feb 6, 1986 Cited By: 8
14

..."substantial compliance doctrine," an exception to the general rule. The substantial compliance doctrine has its genesis in Connecticut as a narrow exception to the requirement that the...substantial compliance doctrine in Aetna Life Ins. Co. by stating that "the insured desiring a change of beneficiary must comply with the...substantial compliance doctrine as set forth in Aetna Life Ins. Co. We conclude that the doctrine applies regardless of whether the issue of a purported change of beneficiary is raised in an...


Court: Supreme Court of Connecticut
Date: Mar 25, 1997 Cited By: 47
15

...pursuing administrative remedies would be futile. Instead Edwards argues that the untimeliness of her appeal should be excused because she was in "substantial compliance" with administrative review procedures under the Plan. In general the doctrine of...); Brown v. Retirement Comm. of Briggs Stratton Ret. Plan, 797 F.2d 521, 535-36 (7th Cir. 1986). In cases in which the substantial compliance doctrine applies, a plan administrator.... Co., 585 F.3d 1311, 1317 (10th Cir. 2009). Edwards has not cited any decision in which we have employed the substantial compliance doctrine to excuse an untimely appeal...


Court: United States Court of Appeals, Seventh Circuit.
Date: Apr 29, 2011 Cited By: 155 Coram: 3
16

...unlicensed at the time of performance, to show they had substantially complied with licensure requirements. However, the CSLL has since limited the availability of the substantial compliance exception. In particular, the statute specifies that "[t]he judicial doctrine of...section 7031, abrogating the prior judicially developed doctrine of substantial compliance. (Stats. 1989, ch. 368, § 1, p. 1509; see discussion, post.) Legislative reports and analyses for Assembly...the courts' use of the substantial compliance doctrine to avoid "apply[ing] the licensing law strictly." (Assem. Com. on Gov. Efficiency and Consumer Protection, Rep. on Assem. Bill No. 841...


Court: Supreme Court of California.
Date: Jul 14, 2005 Cited By: 253
17

...Claims Act, the substantial compliance doctrine applies when deciding whether the content of a claim satisfies the presuit claim presentment requirements in...the State Claims Board prescribed such claims to be filed, the substantial compliance doctrine may be applied, just as it is applied under the Political Subdivisions Tort Claims Act. 10. ___: ___. Under...both the State Tort Claims Act and the Political Subdivisions Tort Claims Act, application of the substantial compliance doctrine is limited to the content of a presuit claim. The doctrine of...


Court: SUPREME COURT OF NEBRASKA
Date: Jun 19, 2020 Cited By: 7 Coram: 1
18

...untimeliness under the doctrine of "substantial compliance." Under that doctrine, "a plan administrator who has violated a technical rule under ERISA ... may be excused for the violation if the administrator...concept of substantial compliance is part of the body of federal common law that the courts have developed for issues on which ERISA does not speak directly." (quoting Davis v. Combes, 294 F.3d 931, 940 (7th Cir. 2002) )). As a common-law doctrine, it...rejected those suggestions and left the language as it was. Id. Thus, the court held, "[w]hatever the merits of applying the substantial compliance doctrine under the 1977 claims-procedure regulation...


Court: United States Court of Appeals For the Seventh Circuit
Date: Jun 25, 2019 Cited By: 28 Coram: 1
19

...sufficiently developed in this summary judgment record to determine whether such a doctrine could or should apply. We decline to address the substantial compliance doctrine in the present case, since ruling...disapproval that several Texas intermediate appellate court decisions have applied the substantial compliance doctrines of the mechanics' and materialmen's lien laws to the mineral property lien statutes now...noting the substantial compliance holding was not presented to the court); Marathon Metallic Building Co. v. Texas National Bank of Waco...


Court: Supreme Court of Texas.
Date: Jul 6, 1988 Cited By: 138 Coram: 1
20

.... Our opinion is not based on the People's argument that rejection of the substantial compliance doctrine would lead to an absurd result, leaving the court with no recourse to compel the defendant's...the Fifth Appellate District, involved situations where there was no written agreement. In that context, the court in Mohammed did say the doctrine of substantial compliance is inapplicable to section 1318, but its reasoning was grounded on the substantial compliance doctrine applicable...to decide the applicability of the substantial compliance doctrine, though it mentioned the matter in dictum. In a footnote, again focusing solely on what it had noted was a “significant...


Court: Court of Appeal, Third District, California.
Date: Jan 15, 2014 Cited By: 41 Coram: 1

Cases cited for the legal proposition you have searched for.

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