Court of Appeals for the Ninth Circuit September 20, 2011, 09-56949 (Maronyan v. Toyota Motor Sales, U.S.A., Inc.)

N.R. SMITH, Circuit Judge,

dissenting:

The Supreme Court recently explained in Henderson ex rel. Henderson v. Shinseki that “Congress is free to attach the conditions that go with the jurisdictional label to a[n exhaustion] rule that we would prefer to call a claim-processing rule.” — U.S. —, 131 S.Ct. 1197, 1203, 179 L.Ed.2d 159 (2011) (emphasis added).