exhaustion of remedies doctrine (Indiana) · Go Syfert
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exhaustion of remedies doctrine in Indiana

14 Indiana opinions name it 2 courts 1981–2026 1 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Advantage Home Health Care, Inc. v. Indiana State Department of Healthgreen
ind · 2005 · cited in 1 Indiana opinions naming this issue, 2026–2026
1 sentence

2026Matter of R.L., 246 N.E.3d at 261 (alteration in original) (quoting Advantage Home Health Care, Inc. v. Ind. State Dep’t of Health, 829 N.E.2d 499, 503 (Ind. 2005)).

11
Coutee v. Lafayette Neighborhood Housing Services, Inc.green
indctapp · 2003 · cited in 1 Indiana opinions naming this issue, 2016–2016
1 sentence

2016Servs., Inc., 792 N.E.2d 907, 911-12 (Ind.Ct.App.2003) (observing that the General Assembly has legislated the protection for certain employees to be able to blow the whistle without retaliation and holding that the plaintiffs cause of action, if any, is under the statute, not the common law), trans. denied. [14] In an attempt to avoid the exhaustion of remedies requirement, Shoemaker asserts two independent arguments.

11
Barnette v. US Architects, LLPgreen
indctapp · 2014 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014Barnette v. U.S. Architects, LLP, 15 N.E.3d 1, 11 (Ind. Ct. App. 2014) (citations omitted).

11
State Board of Tax Commissioners v. Ispat Inland, Inc.green
ind · 2003 · cited in 1 Indiana opinions naming this issue, 2003–2003
2 sentences

2003See, eg., State Bd. of Tax Comm'rs v. Ispat Inland, Inc., 784 N.E.2d 477, 482-88 (Ind.2003); Fratus v. Marion Cmty. Schs.

2003See, e.g., State Bd. of Tax Comm'rs v. Ispat Inland, Inc., 784 N.E.2d 477, 482-83 (Ind.2003); Fratus v. Marion Cmty. Schs.

11
Indiana State Highway Commission v. Zehnergreen
indctapp · 1977 · cited in 1 Indiana opinions naming this issue, 1998–1998
2 sentences

1998For example, in Indiana State Highway Comm’n v. Zehner, 174 Ind.App. 176, 178 , 366 N.E.2d 697, 698 (1977), a landowner, who was forced to relocate due to the placement of an interstate highway, submitted a claim for reimbursement of relocation expenses to the State Highway Commission.

1998For example, in Indiana State Highway Comm’n v. Zehner, 174 Ind.App. 176, 178 , 366 N.E.2d 697, 698 (1977), a landowner, who was forced to relocate due to the placement of an interstate highway, submitted a claim for reimbursement of relocation expenses to the State Highway Commission.

11
City of Evansville v. Southern Indiana Gas & Electric Co.green
indctapp · 1976 · cited in 1 Indiana opinions naming this issue, 1990–1990
2 sentences

1990See City of Evansville v. Southern Indiana Gas & Electric Co. (1977), 167 Ind.App. 472, 504 , 339 N.E.2d 562, 582-83 .

1990See City of Evansville v. Southern Indiana Gas & Electric Co. (1977), 167 Ind.App. 472, 504 , 339 N.E.2d 562, 582-83 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Austin Lakes Joint Venture v. Avon Utilities, Inc. green
ind · 1995
2 sentences

2004In support of its argument, the Class directs us to Austin Lakes Joint Venture v. Avon Utilities, Inc., 648 N.E.2d 641 (Ind.1995), where our supreme court recognized that when an exhaustion of remedies defense is raised, the trial court must determine whether it has subject matter jurisdiction over the claims.

1996The doctrine of primary jurisdiction is not, in our view, jurisdictional but prudential; the doctrine of exhaustion of remedies, on the other hand, is jurisdictional and, where applicable, makes a Trial Rule 12(B)(1) motion for lack of jurisdiction over the subject matter appropriate, [footnote omitted] Austin Lakes Joint Venture, 648 N.E.2d at 644-45 .

41996–2005
Robert Hansen, D/B/A Hansen Trucking v. Norfolk and Western Railway Company green
ca7 · 1982
2 sentences

2014“The doctrine of primary jurisdiction is not, in our view, jurisdictional but prudential; the doctrine of exhaustion of remedies, on the other hand, is jurisdictional 7 and, where applicable, makes a Trial Rule 12(B)(1) motion for lack of jurisdiction over the subject matter appropriate.” Id.

2014“The doctrine of primary jurisdiction is not, in our view, jurisdictional but prudential; the doctrine of exhaustion of remedies, on the other hand, is jurisdictional and, where applicable, makes a Trial Rule 12(B)(1) motion for lack of jurisdiction over the subject matter appropriate.” Id.

22014–2014
MHC Surgical Center Associates, Inc. v. STATE OF OMPP green
indctapp · 1998
1 sentence

2007Id.

12007–2007
Clinkenbeard v. United States green
scotus · 1874
2 sentences

1981This element of fairness was recognized more than a century ago by the Supreme Court of the United States in Clinkenbeard v. United States (1874) 88 U.S. 65 , 21 Wall. 65 , 22 L.Ed. 477 , which dealt with the exhaustion of remedies rule.

1981This element of fairness was recognized more than a century ago by the Supreme Court of the United States in Clinkenbeard v. United States (1874) 88 U.S. 65 , 21 Wall. 65 , 22 L.Ed. 477 , which dealt with the exhaustion of remedies rule.

11981–1981

Statutes the citing opinions construe

IN § Ind. Code § 4-21.5-5-4 (5) IN § Ind. Code § 34-14-1-2 (3) IN § Ind. Code § 4-21.5-1-4 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 89 (1969–2025) TX 75 (1986–2025) CA 54 (1960–2026) AZ 30 (1975–2022) NJ 29 (1958–2026) NY 15 (1974–2025) IN 14 (1981–2026) PA 13 (1980–2019) CT 11 (1990–2008) WI 11 (1966–2026) WA 11 (1953–2015) AL 10 (1983–2015) ND 9 (1991–2024) TN 9 (1992–2025) AK 9 (1982–2024) RI 8 (1983–2010) MO 8 (1995–2025) OH 8 (1986–2025) CO 7 (1981–2017) OK 7 (1990–2021) UT 6 (1992–2011) NM 6 (1963–2015) DC 5 (1975–2006) MI 5 (1983–1997) AR 4 (1991–2000) MD 4 (1983–2005) OR 4 (1993–2013) KY 4 (2001–2014) IA 3 (1997–2026) WV 3 (1992–2000) GA 3 (2005–2013) SD 3 (1977–2000) KS 2 (2011–2011) LA 2 (1993–2004) MN 2 (1984–2015) HI 2 (2007–2012) FL 2 (2008–2012) NE 2 (2009–2017) MT 2 (1987–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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