The following excerpt is from Johnson v. Nyack Hosp., 86 F.3d 8 (2nd Cir. 1996):
The doctrine of primary jurisdiction applies where a claim, though "originally cognizable in the courts," is better suited for a specialized administrative body. United States v. Western Pac. R.R., 352 U.S. 59, 63-64, 77 S.Ct. 161, 164-65, 1 L.Ed.2d 126 (1956). Under the doctrine, a court defers to the agency for advisory findings and either stays the pending action or dismisses it without prejudice. Reiter v. Cooper, 507 U.S. 258, 268-69, 113 S.Ct. 1213, 1220-21, 122 L.Ed.2d 604 (1993). In doing so, the court must take care that its deferral not unfairly disadvantage either party. Id. The paramount concern is that the deferral not work a time-bar to claims that will in all likelihood be refiled in federal court after the agency acts.
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