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10 Minnesota opinions name it 2 courts 1957–2007 0 in the last five years
The cases below were cited by Minnesota 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 |
|---|---|---|
City of Richfield v. Local No. 1215, International Ass'n of Fire Fightersgreen2 sentences2007But “administrative remedies need not be pursued if it would be futile to do so.” McShane v. City of Faribault, 292 N.W.2d 253, 256 (Minn.1980); see also Local No. 1215, 276 N.W.2d at 51 (stating that “[t]he doctrine of exhaustion of administrative remedies is not applicable where it would be futile to seek such redress”). 2004See City of Richfield v. Local No. 1215 Int’l Ass’n of Fire Fighters, 276 N.W.2d 42, 51 (Minn.1979) (explaining doctrine of exhaustion of administrative remedies). | 5 | 6 |
State Board of Medical Examiners v. Olsongreen2 sentences1987State Board of Medical Examiners, 295 Minn. at 387 , 206 N.W.2d at 17 . 1987State Board of Medical Examiners, 295 Minn. at 387 , 206 N.W.2d at 17 . | 1 | 2 |
Starkweather v. Blairgreen2 sentences1976This is so for the reasons that (1) “where nothing can *195 be accomplished by resort to administrative remedies, the doctrine of exhaustion of administrative remedies does not apply,” Starkweather v. Blair, 245 Minn. 371, 395 , 71 N. W. 2d 869, 884 (1955); and (2) res judicata will not operate as to those claims which were not raised and over which the administrative agency did not have jurisdiction. 1976This is so for the reasons that (1) “where nothing can *195 be accomplished by resort to administrative remedies, the doctrine of exhaustion of administrative remedies does not apply,” Starkweather v. Blair, 245 Minn. 371, 395 , 71 N. W. 2d 869, 884 (1955); and (2) res judicata will not operate as to those claims which were not raised and over which the administrative agency did not have jurisdiction. | 1 | 2 |
McShane v. City of Faribaultgreen1 sentence2007But “administrative remedies need not be pursued if it would be futile to do so.” McShane v. City of Faribault, 292 N.W.2d 253, 256 (Minn.1980); see also Local No. 1215, 276 N.W.2d at 51 (stating that “[t]he doctrine of exhaustion of administrative remedies is not applicable where it would be futile to seek such redress”). | 1 | 1 |
Rowan v. K. W. McKee, Inc.green1 sentence2000See, e.g., Rowan, 262 Minn, at 375-76, 114 N.W.2d at 697-98 (holding that employee must exhaust grievance procedures established in CBA unless employee can show that resort to those procedures would be futile); International Ass’n of Fire Fighters, 276 N.W.2d at 51 (stating that doctrine of exhaustion of administrative remedies “is not applicable where it would be futile to seek such redress”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
STATE EX. REL. SHOLES v. University of Minnesotagreen1 sentence2000But see Sholes, 236 Minn, at 461, 54 N.W.2d at 128 (finding when petitioner alleged “numerous acts of questionable legality * * * it will be time enough for the courts to intervene” after petitioner shows that board of regents “has been requested to act and has failed to take such corrective action as may be necessary”). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Winberg v. University of Minnesota
green
1 sentence2000And because “the internal management of the [u]niversity has been constitutionally placed in the hands of the regents alone,” id. at 803 n. 3, the university should also be allowed to correct its own errors through its internal processes before being haled into court. | 1 | 2000–2000 |
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.