9 West Virginia opinions name it 1 courts 1989–2023 1 in the last five years
The cases below were cited by West Virginia 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 |
|---|---|---|
Sturm v. Board of Educ. of Kanawha Countygreen2 sentences2009Parents need not avail themselves of the administrative process when (1) such process would be inadequate or futile; (2) the grievance challenges generally applicable policies that are contrary to law; or (3) exhaustion will work severe harm upon the litigant.... [T]he determination of whether one of these `narrow' exceptions is applicable depends upon `"whether the pursuit of administrative remedies under the facts of a *53 given case will further the general purposes of exhaustion and the congressional intent behind the administrative scheme."' Ronnie Lee S., 201 W.Va. at 673 , 500 S.E.2d at 2009Parents need not avail themselves of the administrative process when (1) such process would be inadequate or futile; (2) the grievance challenges generally applicable policies that are contrary to law; or (3) exhaustion will work severe harm upon the litigant.... [T]he determination of whether one of these `narrow' exceptions is applicable depends upon `"whether the pursuit of administrative remedies under the facts of a *53 given case will further the general purposes of exhaustion and the congressional intent behind the administrative scheme."' Ronnie Lee S., 201 W.Va. at 673 , 500 S.E.2d at | 2 | 2 |
Doe v. Alfredgreen2 sentences2009Further, in Ronnie Lee S., the Court acknowledged, in relying on the decision reached by the United States District Court for the Southern District of West Virginia in Doe v. Alfred, 906 F.Supp. 1092 (S.D.W.Va.1995), that There are, of course, exceptions to the exhaustion requirement. 2009Further, in Ronnie Lee S., the Court acknowledged, in relying on the decision reached by the United States District Court for the Southern District of West Virginia in Doe v. Alfred, 906 F.Supp. 1092 (S.D.W.Va.1995), that There are, of course, exceptions to the exhaustion requirement. | 1 | 4 |
United States v. Radio Corp. of Americagreen2 sentences1997See United States v. Radio Corporation of America, 358 U.S. 334 , 346 n. 14, 79 S.Ct. 457 , 465 n. 14, 3 L.Ed.2d 354 , 363 n. 14 (1959); Daily Advertiser v. Trans-La, 612 So.2d 7, 27 (La. 1993) ("the exhaustion rule applies when exclusive jurisdiction exists in the administrative agency, and the courts have only appellate, as opposed to original, jurisdiction to review the agency's decision."); Mazzola v. Southern New England Telephone Co., 169 Conn. 344 , 363 A.2d 170, 174 (1975); 73 C.J.S. 1997See United States v. Radio Corporation of America, 358 U.S. 334 , 346 n. 14, 79 S.Ct. 457 , 465 n. 14, 3 L.Ed.2d 354 , 363 n. 14 (1959); Daily Advertiser v. Trans-La, 612 So.2d 7, 27 (La. 1993) ("the exhaustion rule applies when exclusive jurisdiction exists in the administrative agency, and the courts have only appellate, as opposed to original, jurisdiction to review the agency's decision."); Mazzola v. Southern New England Telephone Co., 169 Conn. 344 , 363 A.2d 170, 174 (1975); 73 C.J.S. | 1 | 1 |
Mazzola v. Southern New England Telephone Co.green2 sentences1997See United States v. Radio Corporation of America, 358 U.S. 334 , 346 n. 14, 79 S.Ct. 457 , 465 n. 14, 3 L.Ed.2d 354 , 363 n. 14 (1959); Daily Advertiser v. Trans-La, 612 So.2d 7, 27 (La. 1993) ("the exhaustion rule applies when exclusive jurisdiction exists in the administrative agency, and the courts have only appellate, as opposed to original, jurisdiction to review the agency's decision."); Mazzola v. Southern New England Telephone Co., 169 Conn. 344 , 363 A.2d 170, 174 (1975); 73 C.J.S. 1997See United States v. Radio Corporation of America, 358 U.S. 334 , 346 n. 14, 79 S.Ct. 457 , 465 n. 14, 3 L.Ed.2d 354 , 363 n. 14 (1959); Daily Advertiser v. Trans-La, 612 So.2d 7, 27 (La. 1993) ("the exhaustion rule applies when exclusive jurisdiction exists in the administrative agency, and the courts have only appellate, as opposed to original, jurisdiction to review the agency's decision."); Mazzola v. Southern New England Telephone Co., 169 Conn. 344 , 363 A.2d 170, 174 (1975); 73 C.J.S. | 1 | 1 |
Daily Advertiser v. TRANS-LA, ETC.green2 sentences1997See United States v. Radio Corporation of America, 358 U.S. 334 , 346 n. 14, 79 S.Ct. 457 , 465 n. 14, 3 L.Ed.2d 354 , 363 n. 14 (1959); Daily Advertiser v. Trans-La, 612 So.2d 7, 27 (La. 1993) ("the exhaustion rule applies when exclusive jurisdiction exists in the administrative agency, and the courts have only appellate, as opposed to original, jurisdiction to review the agency's decision."); Mazzola v. Southern New England Telephone Co., 169 Conn. 344 , 363 A.2d 170, 174 (1975); 73 C.J.S. 1997See United States v. Radio Corporation of Amer ica, 358 U.S. 334 , 346 n. 14, 79 S.Ct. 457 , 465 n. 14, 3 L.Ed.2d 354 , 363 n. 14 (1959); Daily Advertiser v. Trans-La, 612 So.2d 7, 27 (La. 1993) (“the exhaustion rule applies when exclusive jurisdiction exists in the administrative agency, and the courts have only appellate, as opposed to original, jurisdiction to review the agency’s decision.”); Mazzola v. Southern New England Telephone Co., 169 Conn. 344 , 363 A.2d 170, 174 (1975); 73 C.J.S. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ronnie Lee S. v. Mingo County Board of Education
green
2 sentences2009Parents need not avail themselves of the administrative process when (1) such process would be inadequate or futile; (2) the grievance challenges generally applicable policies that are contrary to law; or (3) exhaustion will work severe harm upon the litigant.... [T]he determination of whether one of these `narrow' exceptions is applicable depends upon `"whether the pursuit of administrative remedies under the facts of a *53 given case will further the general purposes of exhaustion and the congressional intent behind the administrative scheme."' Ronnie Lee S., 201 W.Va. at 673 , 500 S.E.2d at 2009Parents need not avail themselves of the administrative process when (1) such process would be inadequate or futile; (2) the grievance challenges generally applicable policies that are contrary to law; or (3) exhaustion will work severe harm upon the litigant.... [T]he determination of whether one of these `narrow' exceptions is applicable depends upon `"whether the pursuit of administrative remedies under the facts of a *53 given case will further the general purposes of exhaustion and the congressional intent behind the administrative scheme."' Ronnie Lee S., 201 W.Va. at 673 , 500 S.E.2d at | 3 | 2008–2009 |
State Ex Rel. Board of Education v. Casey
green
2 sentences1996"The exhaustion doctrine contemplates and efficacious administrative remedy.” Casey, 176 W.Va. at 735 , *15 349 S.E.2d at 438 ; Beine, 181 W.Va. at 674 , 383 S.E.2d at 856 . 4 . 1989“The exhaustion doctrine contemplates an efficacious administrative remedy.” Casey, 176 W.Va. at 735 , 349 S.E.2d at 438 . | 2 | 1989–1996 |
Price v. Boone County Ambulance Authority
green
1 sentence2023Va. 676 , 337 S.E.2d 913 (1985) (“A plaintiff may, as an alternative to filing a complaint with the Human Rights Commission, initiate an action in circuit court to enforce rights granted by the West Virginia Human Rights Act.). 8 There are other recognized exceptions to the exhaustion rule. | 1 | 2023–2023 |
Vest v. Bd. of Educ. of Cty. of Nicholas
green
1 sentence2023“Where separate legislative enactments exist which provide separate . . . remedies, preclusive doctrines will not necessarily be applied.” Vest v. Bd. of Educ. of Cnty. of Nicholas, 193 W. | 1 | 2023–2023 |
Castle v. Williamson
green
2 sentences2004Castle, 192 W.Va. at 647 n. 7, 453 S.E.2d at 630 n. 7. 2004Castle, 192 W.Va. at 647 n. 7, 453 S.E.2d at 630 n. 7. | 1 | 2004–2004 |
Beine v. Bd. of Educ. of Cabell County
green
2 sentences1996"The exhaustion doctrine contemplates and efficacious administrative remedy.” Casey, 176 W.Va. at 735 , *15 349 S.E.2d at 438 ; Beine, 181 W.Va. at 674 , 383 S.E.2d at 856 . 4 . 1996"The exhaustion doctrine contemplates and efficacious administrative remedy.” Casey, 176 W.Va. at 735 , *15 349 S.E.2d at 438 ; Beine, 181 W.Va. at 674 , 383 S.E.2d at 856 . 4 . | 1 | 1996–1996 |
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.
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.