Topic: where the apa applies, an appeal to 'superior agency author… · Go Syfert
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Topic #5712

5 canonical passages across 4 cases, quoted by 87 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Darby v. Cisneros.

#Case FlagCanonical passage Citers
1 Darby v. Cisneros Anchor
scotus · 1993
green “where the apa applies, an appeal to 'superior agency authority' is a prerequisite to judicial review only when expressly required by statute or when an agency rule requires appeal before review and the administrative action is made inoperative pending that review.” 55
2 Darby v. Cisneros
scotus · 1993
green “has limited the availability of the doctrine of exhaustion of administrative remedies to that which the statute or rule clearly mandates.” 14
3 Sun Towers, Inc., a Texas Corporation v. Richard S. Schweiker, Secretary of Health and Human Services
ca5 · 1983
green “only if it is arbitrary, capricious, an abuse of discretion, not in accordance with law, or unsupported by substantial evidence on the record taken as a whole.” 11
4 Cedyco Corp. v. PetroQuest Energy, LLC
ca5 · 2007
green “the inclusion of words such as 'if,' 'provided,' 'on condition that,' or some similar phrase of conditional language indicate that the parties intended there to be a condition precedent” 4
5 In the Matter of Timely Secretarial Service, Inc., Debtor. General Electric Credit Corporation v. Timely Secretarial Service, Inc.
ca5 · 1993
green “conditions precedent to most contractual obligations are not favored and must be expressed in plain, unambiguous language” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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