7 North Dakota opinions name it 1 courts 1991–2024 1 in the last five years
The cases below were cited by North Dakota 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 |
|---|---|---|
Olympic Financial Group v. ND Dep't of Financial Institutionsgreen2 sentences2024Grp., 2023 ND 38, ¶ 10 (“The exhaustion of administrative remedies is a prerequisite to seeking declaratory relief.” (quoting Cont’l Res., Inc. v. N.D. 2024Grp., 2023 ND 38, ¶ 24 (quoting Medcenter One, 1997 ND 54, ¶ 12 ). | 1 | 1 |
Vogel v. Marathon Oil Corporationgreen1 sentence2024“Whether the exhaustion of remedies requirement applies in each case depends on a mixed bundle of considerations, including, but not limited to, expertise of administrative bodies, statutory interpretation, pure questions of law, constitutional issues, discretionary authority of the courts, primary, concurrent, or exclusive jurisdiction, inadequacies of administrative bodies, etc.” Vogel, 2016 ND 104, ¶ 37 (cleaned up). [¶12] “[T]he exhaustion doctrine has several well-recognized exceptions, including when a legal question simply involves statutory interpretation and does not need the exercise | 1 | 1 |
Werlinger v. Champion Healthcare Corp.green2 sentences2016Whether the exhaustion of remedies requirement applies in each case “depends on a mixed bundle of considerations, ‘including, but not limit ed to, expertise of administrative bodies, statutory interpretation, pure questions of law, constitutional issues, discretionary authority of the courts, primary, concurrent, or exclusive jurisdiction, inadequacies of administrative bodies, etc.’” Id, (quoting Shark Bros., Inc. v, Cass Cty., 256 N.W.2d 701, 705 (N.D.1977)). [¶ 38] Citing Werlinger v. Champion Healthcare Corp., 1999 ND 173 , 598 N.W.2d 820 , Vogel argues she is not required to exhaust admin 2016Whether the exhaustion of remedies requirement applies in each case “depends on a mixed bundle of considerations, ‘including, but not limit ed to, expertise of administrative bodies, statutory interpretation, pure questions of law, constitutional issues, discretionary authority of the courts, primary, concurrent, or exclusive jurisdiction, inadequacies of administrative bodies, etc.’” Id, (quoting Shark Bros., Inc. v, Cass Cty., 256 N.W.2d 701, 705 (N.D.1977)). [¶ 38] Citing Werlinger v. Champion Healthcare Corp., 1999 ND 173 , 598 N.W.2d 820 , Vogel argues she is not required to exhaust admin | 1 | 1 |
Shark Bros., Inc. v. Cass Countygreen2 sentences2016Whether the exhaustion of remedies requirement applies in each case “depends on a mixed bundle of considerations, ‘including, but not limited to, expertise of administrative bodies, statutory interpretation, pure questions of law, constitutional issues, discretionary authority of the courts, primary, concurrent, or exclusive jurisdiction, inadequacies of administrative bodies, etc.’” Id. (quoting Shark Bros., Inc. v. Cass Cty. , 256 N.W.2d 701, 705 (N.D. 1977)). [¶38] Citing Werlinger v. Champion Healthcare Corp. , 1999 ND 173 , 598 N.W.2d 820 , Vogel argues she is not required to exhaust admi 2016Whether the exhaustion of remedies requirement applies in each case “depends on a mixed bundle of considerations, ‘including, but not limit ed to, expertise of administrative bodies, statutory interpretation, pure questions of law, constitutional issues, discretionary authority of the courts, primary, concurrent, or exclusive jurisdiction, inadequacies of administrative bodies, etc.’” Id, (quoting Shark Bros., Inc. v, Cass Cty., 256 N.W.2d 701, 705 (N.D.1977)). [¶ 38] Citing Werlinger v. Champion Healthcare Corp., 1999 ND 173 , 598 N.W.2d 820 , Vogel argues she is not required to exhaust admin | 1 | 1 |
Soentgen v. Quain & Ramstad Clinic, P.C.green1 sentence2006See Soentgen v. Quain & Ramstad Clinic, P.C., 467 N.W.2d 73, 82 (N.D.1991) (stating a physician is required to exhaust all available internal remedies provided by a hospital before instituting a judicial action for damages arising from exclusion or expulsion); Schuck v. Montefiore Pub. | 1 | 1 |
Waliga v. Board of Trustees of Kent State Universitygreen2 sentences2006Univ., 22 Ohio St.3d 55 , 488 N.E.2d 850, 852 (1986) (holding it is self-evident a university has inherent authority to revoke an improperly awarded degree under university’s granted authority to take any action necessary to maintain university). [¶ 13] Although we have applied the exhaustion of remedies doctrine most frequently in an employment law context, the doctrine appropriately applies to a grievance between a student and a university and the student is subject to the university’s written code providing internal procedures for handling such grievances. 2006Univ., 22 Ohio St.3d 55 , 488 N.E.2d 850, 852 (1986) (holding it is self-evident a university has inherent authority to revoke an improperly awarded degree under university’s granted authority to take any action necessary to maintain university). [¶ 13] Although we have applied the exhaustion of remedies doctrine most frequently in an employment law context, the doctrine appropriately applies to a grievance between a student and a university and the student is subject to the university’s written code providing internal procedures for handling such grievances. | 1 | 1 |
Lende v. North Dakota Workers' Compensation Bureaugreen2 sentences1998See Lende v. Workers’ Compensation Bureau, 1997 ND 178, ¶ 23 , 568 N.W.2d 755 . 1998See Lende v. Workers’ Compensation Bureau, 1997 ND 178, ¶ 23 , 568 N.W.2d 755 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Medcenter One, Inc. v. North Dakota State Board of Pharmacy
green
2 sentences2024Grp., 2023 ND 38, ¶ 24 (quoting Medcenter One, 1997 ND 54, ¶ 12 ). 1997Medcenter One, Inc. v. North Dakota State Board of Pharmacy, 1997 ND 54, ¶ 11 , 561 N.W.2d 634 . | 2 | 1997–2024 |
Long v. Samson
green
2 sentences2024Cooke v. Univ. of N.D., 1999 ND 238, ¶ 10 , 603 N.W.2d 504 (“Under exhaustion of remedies theory, an employee generally must pursue available administrative remedies prior to suing for damages.”); Long v. Samson, 1997 ND 174, ¶ 11 , 568 N.W.2d 602 (concluding the exhaustion of remedies doctrine applies to the contract and tort claims); Olympic Fin. 2024Cooke v. Univ. of N.D., 1999 ND 238, ¶ 10 , 603 N.W.2d 504 (“Under exhaustion of remedies theory, an employee generally must pursue available administrative remedies prior to suing for damages.”); Long v. Samson, 1997 ND 174, ¶ 11 , 568 N.W.2d 602 (concluding the exhaustion of remedies doctrine applies to the contract and tort claims); Olympic Fin. | 1 | 2024–2024 |
Cooke v. University of North Dakota
green
2 sentences2024Cooke v. Univ. of N.D., 1999 ND 238, ¶ 10 , 603 N.W.2d 504 (“Under exhaustion of remedies theory, an employee generally must pursue available administrative remedies prior to suing for damages.”); Long v. Samson, 1997 ND 174, ¶ 11 , 568 N.W.2d 602 (concluding the exhaustion of remedies doctrine applies to the contract and tort claims); Olympic Fin. 2024Cooke v. Univ. of N.D., 1999 ND 238, ¶ 10 , 603 N.W.2d 504 (“Under exhaustion of remedies theory, an employee generally must pursue available administrative remedies prior to suing for damages.”); Long v. Samson, 1997 ND 174, ¶ 11 , 568 N.W.2d 602 (concluding the exhaustion of remedies doctrine applies to the contract and tort claims); Olympic Fin. | 1 | 2024–2024 |
Kadlec v. Greendale Township Board of Township Supervisors
neutral
1 sentence2016Whether the exhaustion of remedies requirement applies in each case “depends on a mixed bundle of considerations, ‘including, but not limited to, expertise of administrative bodies, statutory interpretation, pure questions of law, constitutional issues, discretionary authority of the courts, primary, concurrent, or exclusive jurisdiction, inadequacies of administrative bodies, etc.’” Id. (quoting Shark Bros., Inc. v. Cass Cty. , 256 N.W.2d 701, 705 (N.D. 1977)). [¶38] Citing Werlinger v. Champion Healthcare Corp. , 1999 ND 173 , 598 N.W.2d 820 , Vogel argues she is not required to exhaust admi | 1 | 2016–2016 |
Werlinger v. Champion Healthcare Corp.
green
2 sentences2016Whether the exhaustion of remedies requirement applies in each case “depends on a mixed bundle of considerations, ‘including, but not limit ed to, expertise of administrative bodies, statutory interpretation, pure questions of law, constitutional issues, discretionary authority of the courts, primary, concurrent, or exclusive jurisdiction, inadequacies of administrative bodies, etc.’” Id, (quoting Shark Bros., Inc. v, Cass Cty., 256 N.W.2d 701, 705 (N.D.1977)). [¶ 38] Citing Werlinger v. Champion Healthcare Corp., 1999 ND 173 , 598 N.W.2d 820 , Vogel argues she is not required to exhaust admin 2016Whether the exhaustion of remedies requirement applies in each case “depends on a mixed bundle of considerations, ‘including, but not limit ed to, expertise of administrative bodies, statutory interpretation, pure questions of law, constitutional issues, discretionary authority of the courts, primary, concurrent, or exclusive jurisdiction, inadequacies of administrative bodies, etc.’” Id, (quoting Shark Bros., Inc. v, Cass Cty., 256 N.W.2d 701, 705 (N.D.1977)). [¶ 38] Citing Werlinger v. Champion Healthcare Corp., 1999 ND 173 , 598 N.W.2d 820 , Vogel argues she is not required to exhaust admin | 1 | 2016–2016 |
Thompson v. Peterson
green
1 sentence2006Id. at 863 . [¶ 9] This Court has applied the exhaustion of remedies doctrine in numerous instances. | 1 | 2006–2006 |
Olson v. Cass County
green
2 sentences1998The majority also excuses Kadlec's failure to petition the Township to install the culvert as required in Olson v. Cass County, 253 N.W.2d 179 (N.D.1977), because in Olson the landowners "were not faced with an entity claiming and exercising authority, but actually without authority, to make the culvert decision." It is apparent that had Kadlec taken an appeal from the District decision in 1995 or petitioned the Township, or both appealed and petitioned at that time, his remedy would not only have been plain, but more speedy and adequate than the petition for mandamus finally filed in 1997 and 1998The majority also excuses Kadlec’s failure to petition the Township to install the culvert as required in Olson v. Cass County, 253 N.W.2d 179 (N.D.1977), because in Olson the landowners “were not faced with an entity claiming and exercising authority, but actually without authority, to make the culvert decision.” It is apparent that had Kadlec taken an appeal from the District decision in 1995 or petitioned the Township, or both appealed and petitioned at that time, his remedy would not only have been plain, but more speedy and adequate than the petition for mandamus finally filed in 1997 and | 1 | 1998–1998 |
Froysland v. North Dakota Workers Compensation Bureau
green
1 sentence1996He relies upon Froysland v. North Dakota Workers Compensation Bureau, 432 N.W.2d 883 (N.D.1988); Johnson v. Elkin, 263 N.W.2d 123 (N.D.1978); and Family Center Drug Store, Inc. v. North Dakota State Board of Pharmacy, 181 N.W.2d 738 (N.D.1970). | 1 | 1996–1996 |
Johnson v. Elkin
green
1 sentence1996He relies upon Froysland v. North Dakota Workers Compensation Bureau, 432 N.W.2d 883 (N.D.1988); Johnson v. Elkin, 263 N.W.2d 123 (N.D.1978); and Family Center Drug Store, Inc. v. North Dakota State Board of Pharmacy, 181 N.W.2d 738 (N.D.1970). | 1 | 1996–1996 |
Family Center Drug Store, Inc. v. North Dakota State Board of Pharmacy
green
1 sentence1996He relies upon Froysland v. North Dakota Workers Compensation Bureau, 432 N.W.2d 883 (N.D.1988); Johnson v. Elkin, 263 N.W.2d 123 (N.D.1978); and Family Center Drug Store, Inc. v. North Dakota State Board of Pharmacy, 181 N.W.2d 738 (N.D.1970). | 1 | 1996–1996 |
Westlake Community Hospital v. Superior Court
green
2 sentences1991In Westlake, 131 Cal.Rptr. at 96 , 551 P.2d at 416 , the court explained the rationale for exhausting internal remedies before seeking damages: [E]ven if a plaintiff no longer wishes to be either reinstated or admitted to the organization, an exhaustion of remedies requirement serves the salutary function of eliminating or mitigating damages. 1991In Westlake, 131 Cal.Rptr. at 96 , 551 P.2d at 416 , the court explained the rationale for exhausting internal remedies before seeking damages: [E]ven if a plaintiff no longer wishes to be either reinstated or admitted to the organization, an exhaustion of remedies requirement serves the salutary function of eliminating or mitigating damages. | 1 | 1991–1991 |
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.