green
Positive treatment
Quoted verbatim 1×
5.0 score
“we must search for indications of legislative intent or for the inferences that may be drawn from the structure and purpose of the statute.”
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990
2008
2026
Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
State v. Graham
we must search for indications of legislative intent or for the inferences that may be drawn from the structure and purpose of the statute.
cited
Cited "see"
Commonwealth v. Farrell
See State v. Downie, 569 A.2d 242 (N.J. 1990), cert. denied, 498 U.S. 819 , 111 S.Ct. 63 , 112 L.Ed.2d 38 (1990).
discussed
Cited "see"
State v. Gookins
See State v. Downie, 117 N.J. 450 , 569 A.2d 242 , cert. denied, 498 U.S. 819 , 111 S.Ct. 63 , 112 L.Ed.2d 38 (1990); Romano v. Kimmelman, 96 N.J. 66 , 474 A.2d 1 (1984); State v. Johnson, 42 N.J. 146 , 199 A.2d 809 (1964).
discussed
Cited "see"
United States v. International Brotherhood of Teamsters
Even if Respondent succeeds on appeal, an award of back pay would redress any injury to Mr. DiGirlamo: “Irreparable injury is one that cannot be addressed through a monetary award. [Thus,] where money damages are adequate compensation [injunctive relief] should not issue.” JSG Trading Corp. v. Tray-Wrap, Inc., 917 F.2d 75, 79 (2d Cir.1990); see Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.), cert. denied, 498 U.S. 819 , 111 S.Ct. 63 , 112 L.Ed.2d 38 (1990); Tucker Anthony Realty Corp. v. Schlesinger, 888 F.2d 969, 974-75 (2d Cir.1989).
discussed
Cited "see"
Miss America Organization v. Mattel, Inc.
See Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.) (per curiam) (“economic loss does not in and of itself generally constitute ‘irreparable injury’ which might excuse requiring a plaintiff to exhaust administrative remedies and justify preliminary in-junctive relief”), cert. denied, — U.S. -, 111 S.Ct. 63 , 112 L.Ed.2d 38 (1990).
discussed
Cited "see"
The Miss America Organization v. Mattel, Inc.
See Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.) (per curiam) ("economic loss does not in and of itself generally constitute 'irreparable injury' which might excuse requiring a plaintiff to exhaust administrative remedies and justify preliminary injunctive relief"), cert. denied, --- U.S. ----, 111 S.Ct. 63 , 112 L.Ed.2d 38 (1990).
cited
Cited "see"
Juan Abel Gonzalez v. W.A. Perrill, Warden
See Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.), cert. denied, — U.S. -, 111 S.Ct. 63 , 112 L.Ed.2d 38 (1990); J.G. v. Board of Educ., 830 F.2d 444 , 447 (2d Cir.1987).
discussed
Cited "see, e.g."
Geiger v. Federal Bureau of Prisons
The IFRP has been held to have been “properly enacted in accordance with the Administrative Procedures Act.” James v. Quinlan, 866 F.2d 627, 631 (3d Cir.), cert. denied, 493 U.S. 870 , 110 S.Ct. 197 , 107 L.Ed.2d 151 (1989), and “has been upheld generally, and against constitutional due process challenges.” Montano-Figueroa, 162 F.3d at 549 (citations omitted); Weinberger v. United States, 268 F.3d 346, 360 (6th Cir.2001), cert. dismissed, 535 U.S. 967 , 122 S.Ct. 1433 , 152 L.Ed.2d 377 (2002); see also Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.) (per curiam) (BOP “has not ex…
discussed
Cited "see, e.g."
William Coffran v. Board Of Trustees Of The New York City Pension Fund
At the time the present action was commenced and adjudicated, the Board had not ruled on that recommendation. 3 Although "[e]xhaustion of administrative remedies is not required if adequate remedies are not reasonably available," J.G. v. Board of Education, 830 F.2d 444 , 447 (2d Cir.1987); see also Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.), cert. denied, 498 U.S. 819 , 111 S.Ct. 63 , 112 L.Ed.2d 38 (1990), the exhaustion-of-remedies principle is "conceptually distinct ... from the question whether an administrative action must be final before it is judicially reviewable," Williamson…
discussed
Cited "see, e.g."
Coffran v. Board of Trustees of New York City Pension Fund
Although “[e]xhaustion of administrative remedies is not required if adequate remedies are not reasonably available,” J.G. v. Board of Education, 830 F.2d 444 , 447 (2d Cir.1987); see also Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.), cert. denied, 498 U.S. 819 , 111 S.Ct. 63 , 112 L.Ed.2d 38 (1990), the exhaustion-of-remedies principle is “conceptually distinct ... from the question whether an administrative action must be final before it is judicially reviewable,” Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172, 192 , 105 S.Ct. 3108, 3119 , 87 L.E…
discussed
Cited "see, e.g."
Bustillo v. Quinlan
See also Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.) (federal prisoner need not exhaust administrative remedies if administrative procedures are not reasonably available), cert. denied, --- U.S. ----, 111 S.Ct. 63 , 112 L.Ed.2d 38 (1990); cf. Francis v. Rison, 894 F.2d 353, 354 (9th Cir.1990) (interference by prison officials may excuse habeas petitioner's procedural default). 8 We review for abuse of discretion the district court's dismissal without prejudice for failure to exhaust administrative remedies.
Retrieving the full opinion text from the archive…
Downie
v.
New Jersey
v.
New Jersey
No. 89-1914.
Supreme Court of the United States.
Oct 1, 1990.
Cited by 1 opinion | Published
Citer courts: New Jersey Superior Court App … (1)
Sup. Ct. N. J. Certiorari denied.