10 Alabama opinions name it 2 courts 1983–2015 0 in the last five years
The cases below were cited by Alabama 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 |
|---|---|---|
Patterson v. Gladwin Corp.green2 sentences2015Although the Court noted that Alabama recognizes the doctrine of exhaustion of administrative remedies and that that doctrine ‘ “is; a judicially imposed prudential limitation, not an issue of subject-matter jurisdiction,” ’ 835 So.2d at 142 , the Court did not accept the taxpayer’s argument that it need not exhaust administrative remedies when seeking a refund of taxes from the Department. 2014See Patterson v. Gladwin Corp., 835 So.2d 137, 142 (Ala.2002). . | 1 | 3 |
Tindle v. State Farm General Ins. Co.green1 sentence2013Co., 826 So.2d 144, 149 (Ala.Civ.App.2001) (Murdock, J., dissenting) (arguing that the exhaustion-of-remedies doctrine did not apply because the controlling statute, with language virtually identical to § 27-13-71, does not provide an exclusive remedy). | 1 | 1 |
Hancock v. Bucknergreen1 sentence2013See Hancock v. Buckner, 50 So.3d at 1090 . . | 1 | 1 |
Peacock v. Cincinnati Insurance Co.green1 sentence2013See McCollum v. Birmingham Post Co., 259 Ala. 88 , 65 So.2d 689, 695 (1953) (holding that one of the purposes of Ala. Const.1901, § 13, providing for open courts, is to place “every citizen ... within the protection of the law of the land”). 5 Alternatively, I believe an exception to the doctrine of exhaustion of remedies applies here because “the available remedy is inadequate,” Cincinnati, 51 So.3d at 310 . 6 The City of Fairfield, the new class representative, seeks damages in the amount of UM/UIM premiums paid during the class period, plus interest. | 1 | 1 |
McCollum v. Birmingham Post Co.green2 sentences2013See McCollum v. Birmingham Post Co., 259 Ala. 88 , 65 So.2d 689, 695 (1953) (holding that one of the purposes of Ala. Const.1901, § 13, providing for open courts, is to place “every citizen ... within the protection of the law of the land”). 5 Alternatively, I believe an exception to the doctrine of exhaustion of remedies applies here because “the available remedy is inadequate,” Cincinnati, 51 So.3d at 310 . 6 The City of Fairfield, the new class representative, seeks damages in the amount of UM/UIM premiums paid during the class period, plus interest. 2013See McCollum v. Birmingham Post Co., 259 Ala. 88 , 65 So.2d 689, 695 (1953) (holding that one of the purposes of Ala. Const.1901, § 13, providing for open courts, is to place “every citizen ... within the protection of the law of the land”). 5 Alternatively, I believe an exception to the doctrine of exhaustion of remedies applies here because “the available remedy is inadequate,” Cincinnati, 51 So.3d at 310 . 6 The City of Fairfield, the new class representative, seeks damages in the amount of UM/UIM premiums paid during the class period, plus interest. | 1 | 1 |
Talton Telecommunication Corp. v. Colemangreen2 sentences2010The exhaustion of remedies doctrine applies to ‘administrative remedies.’ Talton Communications, Corp. v. Coleman, 665 So.2d 914, 919 (Ala.1995). 2010The exhaustion of remedies doctrine applies to `administrative remedies.' Talton Communications, Corp. v. Coleman, 665 So.2d 914, 919 (Ala.1995). | 1 | 1 |
City of Gadsden v. Entrekingreen2 sentences2010Gadsden v. Entrekin, 387 So.2d 829, 833 (Ala.1980). 2010Gadsden v. Entrekin, 387 So.2d 829, 833 (Ala.1980). | 1 | 1 |
Goolsby v. Greengreen1 sentence1995Generally, that exception applies "when requiring exhaustion of administrative remedies would result in irreparable harm." Goolsby v. Green, 431 So.2d 955, 958 (Ala.1983). | 1 | 1 |
Ex Parte Graddickgreen1 sentence1986See Ex parte Graddick , 495 So.2d 1367 (Ala. 1986). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Budget Inn of Daphne, Inc. v. City of Daphne
green
1 sentence2002In Alabama, however, the exhaustion-of-remedies doctrine "is a judicially imposed prudential limitation, not an issue of subject-matter jurisdiction ." Budget Inn of Daphne, Inc. v. City of Daphne , 789 So.2d 154 , 157 (Ala. 2000) (emphasis added). | 1 | 2002–2002 |
Albert T. Ehlers v. City of Decatur, Georgia
green
1 sentence1983The Ehlers court stated, “Federal Courts may not require exhaustion of state administrative or judicial remedies in a § 1983 action for damages for deprivation of a constitutional right.” 614 F.2d at 56 . | 1 | 1983–1983 |
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.