6 Tennessee opinions name it 2 courts 1989–2014 0 in the last five years
The cases below were cited by Tennessee 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 |
|---|---|---|
Maxwell v. Davco Corp. of Tennesseegreen2 sentences2002Maxwell v. Davco Corp. of Tennessee, 776 S.W.2d 528, 531 (Tenn.App.1989). 1992Maxwell v. Davco Corp. of Tennessee, 776 S.W.2d 528, 531 (Tenn.App.1989). | 2 | 2 |
Amato v. Bernardgreen2 sentences2003July 29, 1986) (citing Amato v. Bernard, 618 F.2d 559 (9th Cir.1980)). 2 *396 Appellee states in his brief that “while exhaustion of administrative remedies is normally required before filing a claim for benefits under an ERISA benefit plan, there are exceptions to this requirement.” Appellee then goes on to state that “[o]ne such exception occurs when a plan administrator denies a claim but the provisions of ERISA relative to such a denial are not followed.” 3 A thorough review of the record reveals that this exception was not addressed at the trial level, however, and “[i]t is well-settled t 1995While ERISA “does not expressly require exhaustion of administrative remedies, federal case law has imposed this requirement upon claimants.” Turner v. Reg’l Health Ctr. of Oak Ridge, Inc., No. 134, 1986 Tenn. App. LEXIS 3179 , at *2-3 (Tenn. Ct. App. July 29, 1986) (citing Amato v. Bernard, 618 F.2d 559 (9th Cir. 1980)).2 Appellee states in his brief that “while exhaustion of administrative remedies is normally required before filing a claim for benefits under an ERISA benefit plan, there are exceptions to this requirement.” Appellee then goes on to state that “[o]ne such exception occurs whe | 1 | 2 |
State Ex Rel. Jones v. City of Nashvillegreen2 sentences1995See Jon es v. City of N ashv ille, 279 S.W.2d 267, 283 (Tenn. 1955 ), where, in discussing the exhaustion doctrine, our Tennessee Supreme C ourt opined that “this rule and doctrine favors the preliminary adm inistrative sifting process, for obvious reasons, before the courts are appealed to[,]” and that “clearly the administrative processes open for one should be exhausted before the courts enter into the picture. . . .” Id. at 284 . 3 Traditional exhaustion principles also include an exception for instances “when resort to the administrative route is futile or the remedy inadequate.” Am ato, 1995See Jon es v. City of N ashv ille, 279 S.W.2d 267, 283 (Tenn. 1955 ), where, in discussing the exhaustion doctrine, our Tennessee Supreme C ourt opined that “this rule and doctrine favors the preliminary adm inistrative sifting process, for obvious reasons, before the courts are appealed to[,]” and that “clearly the administrative processes open for one should be exhausted before the courts enter into the picture. . . .” Id. at 284 . 3 Traditional exhaustion principles also include an exception for instances “when resort to the administrative route is futile or the remedy inadequate.” Am ato, | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Banks
green
1 sentence2014The failure to request plain error review notwithstanding, even if we assume that the Defendant’s argument is true, we conclude that there is nothing in the record which would support a finding that any of the arguments proffered by the State were “so exceptionally flagrant that they constitute plain error and provide grounds for reversal even if they were not objected to.” See Banks, 271 S.W.3d at 132 , n.30 (citing Reid, 91 S.W.3d at 283-84, and noting that “[u]nobjected to closing arguments warrant reversal only in exceptional circumstances. | 1 | 2014–2014 |
Phillips v. Pittsburgh Consolidated Coal Co.
green
1 sentence1989Phillips v. Pittsburgh Consolidated Coal Co., 541 S.W.2d 411 (Tenn.1976). | 1 | 1989–1989 |
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.