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12 South Carolina opinions name it 2 courts 1990–2024 3 in the last five years
The cases below were cited by South Carolina 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.
| Case | Followed | Cited |
|---|---|---|
Law v. South Carolina Department of Correctionsgreen2 sentences2023Dep't of Corr., 368 S.C. 424, 438 , 629 S.E.2d 642, 650 (2006)); see also Stanton, 309 S.C. at 128 , 420 S.E.2d at 503 (holding the party seeking to avoid the exhaustion requirement has the burden of showing "that as a matter of law, he was not required to exhaust administrative remedies or that the [circuit court]'s ruling was based upon facts for which there is no evidentiary support"). 9 Cox does not explain what aspect of Respondents' administrative remedy argument raises a question of statutory construction. 2023Dep't of Corr., 368 S.C. 424, 438 , 629 S.E.2d 642, 650 (2006)); see also Stanton, 309 S.C. at 128 , 420 S.E.2d at 503 (holding the party seeking to avoid the exhaustion requirement has the burden of showing "that as a matter of law, he was not required to exhaust administrative remedies or that the [circuit court]'s ruling was based upon facts for which there is no evidentiary support"). 9 Cox does not explain what aspect of Respondents' administrative remedy argument raises a question of statutory construction. | 3 | 3 |
Stanton v. Town of Pawleys Islandgreen2 sentences2023Dep't of Corr., 368 S.C. 424, 438 , 629 S.E.2d 642, 650 (2006)); see also Stanton, 309 S.C. at 128 , 420 S.E.2d at 503 (holding the party seeking to avoid the exhaustion requirement has the burden of showing "that as a matter of law, he was not required to exhaust administrative remedies or that the [circuit court]'s ruling was based upon facts for which there is no evidentiary support"). 9 Cox does not explain what aspect of Respondents' administrative remedy argument raises a question of statutory construction. 2023Dep't of Corr., 368 S.C. 424, 438 , 629 S.E.2d 642, 650 (2006)); see also Stanton, 309 S.C. at 128 , 420 S.E.2d at 503 (holding the party seeking to avoid the exhaustion requirement has the burden of showing "that as a matter of law, he was not required to exhaust administrative remedies or that the [circuit court]'s ruling was based upon facts for which there is no evidentiary support"). 9 Cox does not explain what aspect of Respondents' administrative remedy argument raises a question of statutory construction. | 2 | 2 |
Responsible Economic Development v. South Carolina Department of Health & Environmental Controlgreen2 sentences2024Id. at 553 , 641 S.E.2d at 428 (citations omitted). 2024Id. at 553 , 641 S.E.2d at 428 (citations omitted). | 1 | 1 |
Brackenbrook North Charleston, LP v. County of Charlestongreen2 sentences2023See id. at 396 , 602 S.E.2d at 43 . 2023See id. at 396 , 602 S.E.2d at 43 . | 1 | 1 |
Tri-County Ice and Fuel Co. v. Palmetto Ice Co.green2 sentences2012Dep't of Revenue, 342 S.C. 34, 39 , 535 S.E.2d 642, 645 (2000) (finding that "the mere presence of a constitutional issue does not excuse the exhaustion requirement where there are other issues in controversy"); Law, 368 S.C. at 438 , 629 S.E.2d at 650 (stating that whether to require the plaintiff to exhaust administrative remedies is a matter within the sound discretion of the trial judge and will not be disturbed on appeal absent an abuse of discretion (citing Andrews Bearing Corp., 261 S.C. at 536 , 201 S.E.2d at 243 ; Tri-County Ice & Fuel Co. v. Palmetto Ice Co., 303 S.C. 237, 242 , 399 2012Dep't of Revenue, 342 S.C. 34, 39 , 535 S.E.2d 642, 645 (2000) (finding that "the mere presence of a constitutional issue does not excuse the exhaustion requirement where there are other issues in controversy"); Law, 368 S.C. at 438 , 629 S.E.2d at 650 (stating that whether to require the plaintiff to exhaust administrative remedies is a matter within the sound discretion of the trial judge and will not be disturbed on appeal absent an abuse of discretion (citing Andrews Bearing Corp., 261 S.C. at 536 , 201 S.E.2d at 243 ; Tri-County Ice & Fuel Co. v. Palmetto Ice Co., 303 S.C. 237, 242 , 399 | 1 | 1 |
Video Gaming Consultants, Inc. v. South Carolina Department of Revenuegreen2 sentences2012Dep't of Revenue, 342 S.C. 34, 39 , 535 S.E.2d 642, 645 (2000) (finding that "the mere presence of a constitutional issue does not excuse the exhaustion requirement where there are other issues in controversy"); Law, 368 S.C. at 438 , 629 S.E.2d at 650 (stating that whether to require the plaintiff to exhaust administrative remedies is a matter within the sound discretion of the trial judge and will not be disturbed on appeal absent an abuse of discretion (citing Andrews Bearing Corp., 261 S.C. at 536 , 201 S.E.2d at 243 ; Tri-County Ice & Fuel Co. v. Palmetto Ice Co., 303 S.C. 237, 242 , 399 2012Dep't of Revenue, 342 S.C. 34, 39 , 535 S.E.2d 642, 645 (2000) (finding that "the mere presence of a constitutional issue does not excuse the exhaustion requirement where there are other issues in controversy"); Law, 368 S.C. at 438 , 629 S.E.2d at 650 (stating that whether to require the plaintiff to exhaust administrative remedies is a matter within the sound discretion of the trial judge and will not be disturbed on appeal absent an abuse of discretion (citing Andrews Bearing Corp., 261 S.C. at 536 , 201 S.E.2d at 243 ; Tri-County Ice & Fuel Co. v. Palmetto Ice Co., 303 S.C. 237, 242 , 399 | 1 | 1 |
Buist v. Hugginsgreen2 sentences2007Put simply, we agree with the Court of Appeals' observation that "[h]ad the *269 Legislature intended to allow for direct action in circuit court—in contravention of the broadly defined scope of the RPA—it could have expressly provided for such immediate judicial review." B & A Dev., 361 S.C. at 460 , 605 S.E.2d at 554 ; see also Buist v. Huggins, 367 S.C. 268, 276 , 625 S.E.2d 636, 640 (2006) (where a statute's language is plain, unambiguous, and conveys a clear meaning, the court has no right to impose another meaning). 2007Put simply, we agree with the Court of Appeals' observation that "[h]ad the *269 Legislature intended to allow for direct action in circuit court—in contravention of the broadly defined scope of the RPA—it could have expressly provided for such immediate judicial review." B & A Dev., 361 S.C. at 460 , 605 S.E.2d at 554 ; see also Buist v. Huggins, 367 S.C. 268, 276 , 625 S.E.2d 636, 640 (2006) (where a statute's language is plain, unambiguous, and conveys a clear meaning, the court has no right to impose another meaning). | 1 | 1 |
Finnerty v. Cowengreen1 sentence2000See, e.g., Finnerty v. Cowen, 508 F.2d 979 (2d Cir.1974); Martinez v. Richardson, 472 *39 F.2d 1121 (10th Cir.1973); Marsh v. County Sch. | 1 | 1 |
Townsend v. Sainred2 sentences1998See Townsend v. Sain, 372 U.S. 293 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963); Brown v. Allen, 344 U.S. 443 , 73 S.Ct. 397 , 97 L.Ed. 469 (1953); Young v. Ragen, 337 U.S. 235 , 69 S.Ct. 1073 , 93 L.Ed. 1333 (1949). 1998See Townsend v. Sain, 372 U.S. 293 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963); Brown v. Allen, 344 U.S. 443 , 73 S.Ct. 397 , 97 L.Ed. 469 (1953); Young v. Ragen, 337 U.S. 235 , 69 S.Ct. 1073 , 93 L.Ed. 1333 (1949). | 1 | 1 |
Matter of Estate of Ruckergreen1 sentence1997See, e.g., Rucker, 442 N.W.2d at 116 ; Schmidt, 338 N.W.2d at 256 ; Mulholland, 527 N.E.2d at 29 ; Longworth, 538 A.2d at 414 . | 1 | 1 |
Boyle v. Erie Insurancegreen2 sentences1997Co., 441 Pa.Super. 103 , 656 A.2d 941, 943 (1995) (construing an exhaustion clause as a “threshold requirement and not a barrier to underinsured motorist insurance coverage”); Leal v. Northwestern Nat. 1997Co., 441 Pa.Super. 103 , 656 A.2d 941, 943 (1995) (construing an exhaustion clause as a “threshold requirement and not a barrier to underinsured motorist insurance coverage”); Leal v. Northwestern Nat. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brown v. James
green
2 sentences2024Next, in Brown, this court noted "[an] exception to the exhaustion requirement is recognized when an agency has acted outside of its authority." 389 S.C. at 55 , 697 S.E.2d at 611 -12 (citing Responsible Econ. 2024Next, in Brown, this court noted "[an] exception to the exhaustion requirement is recognized when an agency has acted outside of its authority." 389 S.C. at 55 , 697 S.E.2d at 611 -12 (citing Responsible Econ. | 1 | 2024–2024 |
Andrews Bearing Corp. v. Brady
green
2 sentences2012Dep't of Revenue, 342 S.C. 34, 39 , 535 S.E.2d 642, 645 (2000) (finding that "the mere presence of a constitutional issue does not excuse the exhaustion requirement where there are other issues in controversy"); Law, 368 S.C. at 438 , 629 S.E.2d at 650 (stating that whether to require the plaintiff to exhaust administrative remedies is a matter within the sound discretion of the trial judge and will not be disturbed on appeal absent an abuse of discretion (citing Andrews Bearing Corp., 261 S.C. at 536 , 201 S.E.2d at 243 ; Tri-County Ice & Fuel Co. v. Palmetto Ice Co., 303 S.C. 237, 242 , 399 2012Dep't of Revenue, 342 S.C. 34, 39 , 535 S.E.2d 642, 645 (2000) (finding that "the mere presence of a constitutional issue does not excuse the exhaustion requirement where there are other issues in controversy"); Law, 368 S.C. at 438 , 629 S.E.2d at 650 (stating that whether to require the plaintiff to exhaust administrative remedies is a matter within the sound discretion of the trial judge and will not be disturbed on appeal absent an abuse of discretion (citing Andrews Bearing Corp., 261 S.C. at 536 , 201 S.E.2d at 243 ; Tri-County Ice & Fuel Co. v. Palmetto Ice Co., 303 S.C. 237, 242 , 399 | 1 | 2012–2012 |
Woodford v. Ngo
red
2 sentences2009Id. 2009Id. | 1 | 2009–2009 |
B & a Development, Inc. v. Georgetown County
neutral
2 sentences2007Put simply, we agree with the Court of Appeals' observation that "[h]ad the *269 Legislature intended to allow for direct action in circuit court—in contravention of the broadly defined scope of the RPA—it could have expressly provided for such immediate judicial review." B & A Dev., 361 S.C. at 460 , 605 S.E.2d at 554 ; see also Buist v. Huggins, 367 S.C. 268, 276 , 625 S.E.2d 636, 640 (2006) (where a statute's language is plain, unambiguous, and conveys a clear meaning, the court has no right to impose another meaning). 2007Put simply, we agree with the Court of Appeals' observation that "[h]ad the *269 Legislature intended to allow for direct action in circuit court—in contravention of the broadly defined scope of the RPA—it could have expressly provided for such immediate judicial review." B & A Dev., 361 S.C. at 460 , 605 S.E.2d at 554 ; see also Buist v. Huggins, 367 S.C. 268, 276 , 625 S.E.2d 636, 640 (2006) (where a statute's language is plain, unambiguous, and conveys a clear meaning, the court has no right to impose another meaning). | 1 | 2007–2007 |
O'Sullivan v. Boerckel
green
2 sentences2002O’Sullivan, 526 U.S. at 848 , 119 S.Ct. at 1734 , 144 L.Ed.2d at 11 2 (emphasis added). *277 The Ninth Circuit addressed the issue that this Court is now facing in Swoopes v. Sublett, 196 F.3d 1008 (9th Cir.1999). 2002O’Sullivan, 526 U.S. at 848 , 119 S.Ct. at 1734 , 144 L.Ed.2d at 11 2 (emphasis added). *277 The Ninth Circuit addressed the issue that this Court is now facing in Swoopes v. Sublett, 196 F.3d 1008 (9th Cir.1999). | 1 | 2002–2002 |
Samuel W. Swoopes v. Sam Sublett Grant Woods, Attorney General
green
1 sentence2002O’Sullivan, 526 U.S. at 848 , 119 S.Ct. at 1734 , 144 L.Ed.2d at 11 2 (emphasis added). *277 The Ninth Circuit addressed the issue that this Court is now facing in Swoopes v. Sublett, 196 F.3d 1008 (9th Cir.1999). | 1 | 2002–2002 |
Young v. Ragen
green
2 sentences1998See Townsend v. Sain, 372 U.S. 293 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963); Brown v. Allen, 344 U.S. 443 , 73 S.Ct. 397 , 97 L.Ed. 469 (1953); Young v. Ragen, 337 U.S. 235 , 69 S.Ct. 1073 , 93 L.Ed. 1333 (1949). 1998See Townsend v. Sain, 372 U.S. 293 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963); Brown v. Allen, 344 U.S. 443 , 73 S.Ct. 397 , 97 L.Ed. 469 (1953); Young v. Ragen, 337 U.S. 235 , 69 S.Ct. 1073 , 93 L.Ed. 1333 (1949). | 1 | 1998–1998 |
Brown v. Allen
green
2 sentences1998See Townsend v. Sain, 372 U.S. 293 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963); Brown v. Allen, 344 U.S. 443 , 73 S.Ct. 397 , 97 L.Ed. 469 (1953); Young v. Ragen, 337 U.S. 235 , 69 S.Ct. 1073 , 93 L.Ed. 1333 (1949). 1998See Townsend v. Sain, 372 U.S. 293 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963); Brown v. Allen, 344 U.S. 443 , 73 S.Ct. 397 , 97 L.Ed. 469 (1953); Young v. Ragen, 337 U.S. 235 , 69 S.Ct. 1073 , 93 L.Ed. 1333 (1949). | 1 | 1998–1998 |
Mulholland v. State Farm Mutual Automobile Insurance
green
1 sentence1997See, e.g., Rucker, 442 N.W.2d at 116 ; Schmidt, 338 N.W.2d at 256 ; Mulholland, 527 N.E.2d at 29 ; Longworth, 538 A.2d at 414 . | 1 | 1997–1997 |
Schmidt v. Clothier
red
1 sentence1997See, e.g., Rucker, 442 N.W.2d at 116 ; Schmidt, 338 N.W.2d at 256 ; Mulholland, 527 N.E.2d at 29 ; Longworth, 538 A.2d at 414 . | 1 | 1997–1997 |
Longworth v. Van Houten
green
1 sentence1997See, e.g., Rucker, 442 N.W.2d at 116 ; Schmidt, 338 N.W.2d at 256 ; Mulholland, 527 N.E.2d at 29 ; Longworth, 538 A.2d at 414 . | 1 | 1997–1997 |
Bennett v. South Carolina Department of Corrections
green
2 sentences1996In Bennett v. South Carolina Dep’t of Corrections, 305 S.C. 310 , 408 S.E. (2d) 230 (1991) the supreme court found the exhaustion requirement did not bar the bringing of an action for statutory retaliatory discharge following the decision of the Grievance Committee. 1996In Bennett v. South Carolina Dep’t of Corrections, 305 S.C. 310 , 408 S.E. (2d) 230 (1991) the supreme court found the exhaustion requirement did not bar the bringing of an action for statutory retaliatory discharge following the decision of the Grievance Committee. | 1 | 1996–1996 |
Porter v. North Carolina Department of Insurance
green
1 sentence1990This approach is consistent with that of our sister court in North Carolina as well as other jurisdictions. 5 In Potter v. North Carolina Department of Insurance, 40 N.C. | 1 | 1990–1990 |
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.