Mire v. Blue Cross Blue Shield of Florida, 43 F.3d 567 (11th Cir. 1994) – decided December 9, 1994 – United States Court of Appeals for the Eleventh Circuit – Robert E. Hoskins

I represented Mire. Mire was my first experience before the United States Court of Appeals for the Eleventh Circuit. Unfortunately, the result in that case was the same as every other case I have ever had before the United States Court of Appeals for the Eleventh Circuit. I lost. For some reason, I cannot win before the Eleventh Circuit. (For instance, see discussion from this website in Physicians Multispecialty Group v. Horton Homes, 371 F.3d 1291 (11th Cir. 2004) where I actually went up a winner and lost on an issue that had never been raised in the lower court and where the court did not even address my argument; click here to view discussion) Mire was one of many cases from the 1990s where I represented an individual seeking coverage for a medical procedure known as high dose chemotherapy supported by a peripheral stem cell rescue (HDC/PSCR). Mire was not a good case and I had very little to work with. Apparently, I could not even convince the court to write a decent opinion addressing my argument. Mire is definitely the shortest circuit court opinion I have ever received in one of my cases. The court merely recited my argument and then stated “We are simply unable to agree.” (Click here to see the opinion.) That panel could not have been more direct or to the point.