exhaustion of remedies doctrine (Oklahoma) · Go Syfert
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exhaustion of remedies doctrine in Oklahoma

7 Oklahoma opinions name it 2 courts 1990–2021 1 in the last five years

The cases below were cited by Oklahoma 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.

Followed or applied (6)

CaseFollowedCited
Lone Star Helicopters, Inc. v. Stategreen
okla · 1990 · cited in 5 Oklahoma opinions naming this issue, 1997–2021
2 sentences

2021Dept. of Mines v. Jackson , 1997 OK 149 , ¶ 12, 950 P.2d 306, 310 ("Because the sureties actions tender issues that are not cognizable by ODM the exhaustion-of-remedies doctrine is not invocable as a bar to their quests for declaratory relief."); Lone Star Helicopters, Inc. v. State , 1990 OK 111 , 800 P.2d 235, 238 (the exhaustion-of-remedies doctrine was not invocable as a bar to the action for recovery of damages from breach of contract). 32 Apache Corp. v. State ex rel.

2021Dept. of Mines v. Jackson , 1997 OK 149 , ¶ 12, 950 P.2d 306, 310 ("Because the sureties actions tender issues that are not cognizable by ODM the exhaustion-of-remedies doctrine is not invocable as a bar to their quests for declaratory relief."); Lone Star Helicopters, Inc. v. State , 1990 OK 111 , 800 P.2d 235, 238 (the exhaustion-of-remedies doctrine was not invocable as a bar to the action for recovery of damages from breach of contract). 32 Apache Corp. v. State ex rel.

55
STATE EX REL. OKL. DEPT. OF MINES v. Jacksongreen
okla · 1997 · cited in 2 Oklahoma opinions naming this issue, 2013–2021
2 sentences

2021Dept. of Mines v. Jackson , 1997 OK 149 , ¶ 12, 950 P.2d 306, 310 ("Because the sureties actions tender issues that are not cognizable by ODM the exhaustion-of-remedies doctrine is not invocable as a bar to their quests for declaratory relief."); Lone Star Helicopters, Inc. v. State , 1990 OK 111 , 800 P.2d 235, 238 (the exhaustion-of-remedies doctrine was not invocable as a bar to the action for recovery of damages from breach of contract). 32 Apache Corp. v. State ex rel.

2021Dept. of Mines v. Jackson , 1997 OK 149 , ¶ 12, 950 P.2d 306, 310 ("Because the sureties actions tender issues that are not cognizable by ODM the exhaustion-of-remedies doctrine is not invocable as a bar to their quests for declaratory relief."); Lone Star Helicopters, Inc. v. State , 1990 OK 111 , 800 P.2d 235, 238 (the exhaustion-of-remedies doctrine was not invocable as a bar to the action for recovery of damages from breach of contract). 32 Apache Corp. v. State ex rel.

22
Oklahoma City Zoological Trust v. State Ex Rel. Public Employees Relations Boardgreen
okla · 2007 · cited in 1 Oklahoma opinions naming this issue, 2013–2013
1 sentence

2013Public Employees Relations Bd., 2007 OK 21 , T7, 158 P.3d 461, 464-465 ('But one need not exhaust administrative remedies where, as here, 'the power of the agency to act at all under the statutory scheme it is charged with administering' is being challenged."); Lone Star Helicopters, Inc. v. State, 1990 OK 111 , 800 P.2d 235, 238 (the exhaustion-of-remedies doctrine was not invocable as a bar to the action for recovery of damages from breach of contract). .

11
Head v. McCrackengreen
okla · 2004 · cited in 1 Oklahoma opinions naming this issue, 2005–2005
2 sentences

2005“In such a de novo review the appellate court engages in a plenary, independent and non-deferential reexamination of the trial court’s ruling.” Head v. McCracken, 2004 OK 84, ¶ 3 , 102 P.3d 670, 674 (Emphasis original.) ¶ 5 The trial court granted summary judgment in favor of Defendants, in part, based upon the exhaustion of remedies doctrine.

2005“In such a de novo review the appellate court engages in a plenary, independent and non-deferential reexamination of the trial court’s ruling.” Head v. McCracken, 2004 OK 84, ¶ 3 , 102 P.3d 670, 674 (Emphasis original.) ¶ 5 The trial court granted summary judgment in favor of Defendants, in part, based upon the exhaustion of remedies doctrine.

11
Burdick v. Independent School District No. 52green
okla · 1985 · cited in 1 Oklahoma opinions naming this issue, 1990–1990
1 sentence

1990For other instances in which this court has held the exhaustion-of-remedies doctrine inapplicable to bar a suit in the district court, see United Airlines, Inc. v. State Bd. of Equalization, Okl., 789 P.2d 1305, 1308-1309 (1990), where, in the absence of an administrative avenue for challenging an agency’s power to assess ad valorem taxes against the plaintiff-taxpayers, the district court undertook to test the power’s existence; Burdick v. Independent School Dist., Okl., 702 P.2d 48, 52-53 (1985), where, in a suit to enjoin one school district from compelling students’ attendance in another,

11
United Airlines, Inc. v. State Board of Equalizationgreen
okla · 1990 · cited in 1 Oklahoma opinions naming this issue, 1990–1990
1 sentence

1990For other instances in which this court has held the exhaustion-of-remedies doctrine inapplicable to bar a suit in the district court, see United Airlines, Inc. v. State Bd. of Equalization, Okl., 789 P.2d 1305, 1308-1309 (1990), where, in the absence of an administrative avenue for challenging an agency’s power to assess ad valorem taxes against the plaintiff-taxpayers, the district court undertook to test the power’s existence; Burdick v. Independent School Dist., Okl., 702 P.2d 48, 52-53 (1985), where, in a suit to enjoin one school district from compelling students’ attendance in another,

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Oklahoma City Zoological Trust v. STATE EX REL. PUBLIC EMPLOYEES RELATIONS BD. green
okla · 2007
1 sentence

2013Public Employees Relations Bd., 2007 OK 21 , T7, 158 P.3d 461, 464-465 ('But one need not exhaust administrative remedies where, as here, 'the power of the agency to act at all under the statutory scheme it is charged with administering' is being challenged."); Lone Star Helicopters, Inc. v. State, 1990 OK 111 , 800 P.2d 235, 238 (the exhaustion-of-remedies doctrine was not invocable as a bar to the action for recovery of damages from breach of contract). .

12013–2013
Elgin v. Department of the Treasury green
scotus · 2012
1 sentence

2013Elgin v. Department of Treasury,-U.S.-, 132 S.Ct. 2126, 2132 , 183 LEd.2d 1 (2012), quoting Webster v. Doe, 486 U.S. 592, 603 , 108 S.Ct. 2047 , 100 LEd.2d 632 (1988).

12013–2013
Webster v. Doe green
scotus · 1988
2 sentences

2013Elgin v. Department of Treasury,-U.S.-, 132 S.Ct. 2126, 2132 , 183 LEd.2d 1 (2012), quoting Webster v. Doe, 486 U.S. 592, 603 , 108 S.Ct. 2047 , 100 LEd.2d 632 (1988).

2013Elgin v. Department of Treasury,-U.S.-, 132 S.Ct. 2126, 2132 , 183 LEd.2d 1 (2012), quoting Webster v. Doe, 486 U.S. 592, 603 , 108 S.Ct. 2047 , 100 LEd.2d 632 (1988).

12013–2013
Helling v. McKinney green
scotus · 1993
2 sentences

2005Helling v. McKinney, 509 U.S. 25 , 113 S.Ct. 2475 , 125 L.Ed.2d 22 (1993).

2005Helling v. McKinney, 509 U.S. 25 , 113 S.Ct. 2475 , 125 L.Ed.2d 22 (1993).

12005–2005

Where else courts name it

IL 89 (1969–2025) TX 75 (1986–2025) CA 54 (1960–2026) AZ 30 (1975–2022) NJ 29 (1958–2026) NY 15 (1974–2025) IN 14 (1981–2026) PA 13 (1980–2019) WI 11 (1966–2026) CT 11 (1990–2008) WA 11 (1953–2015) AL 10 (1983–2015) AK 9 (1982–2024) ND 9 (1991–2024) TN 9 (1992–2025) OH 8 (1986–2025) RI 8 (1983–2010) MO 8 (1995–2025) CO 7 (1981–2017) OK 7 (1990–2021) NM 6 (1963–2015) UT 6 (1992–2011) MI 5 (1983–1997) DC 5 (1975–2006) OR 4 (1993–2013) MD 4 (1983–2005) AR 4 (1991–2000) KY 4 (2001–2014) IA 3 (1997–2026) SD 3 (1977–2000) WV 3 (1992–2000) GA 3 (2005–2013) KS 2 (2011–2011) MT 2 (1987–2022) HI 2 (2007–2012) MN 2 (1984–2015) FL 2 (2008–2012) NE 2 (2009–2017) LA 2 (1993–2004)

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.

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