Is a failure to exhaust available administrative remedies a bar to judicial review of an action?
MultiRegion, United States of America
The following excerpt is from Local No. 1547, Intern. Broth. of Elec. Workers, AFL-CIO v. Local No. 959, Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers, Independent, 507 F.2d 872 (9th Cir. 1974):
Under 102.67, unexplained failure to exhaust available administrative remedies is ordinarily a bar to judicial review of agency action. See United States v. Tucker Truck Lines, 344 U.S. 33, 73 S.Ct. 67, 97 L.Ed. 54 (1952). 3
Page 875
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law where a plaintiff has admitted that he failed to exhaust all available administrative remedies before he commenced this action? (MultiRegion, United States of America)
Is a party seeking judicial review of an administrative action not required to "draw in question" the constitutionality of the action? (MultiRegion, United States of America)
When a statute or agency rule demands exhaustion of administrative remedies, does the federal court have jurisdiction to order the exhaustion of remedies? (MultiRegion, United States of America)
Does a plaintiff have a right to judicial review after exhausting administrative remedies? (MultiRegion, United States of America)
Can a plaintiff bring an action in an administrative proceeding against Arnold for failing to exhaust his administrative remedies? (MultiRegion, United States of America)
What are the findings of the Secretary of State's appeal against the District Court's order that a class of beneficiaries must exhaust all their administrative remedies before seeking judicial review of the order? (MultiRegion, United States of America)
What is the burden of proving that a plaintiff has exhausted all available administrative remedies? (MultiRegion, United States of America)
Is a judicial review application directed against a negative PRRA decision moot where the Applicant for judicial review has been removed from or voluntarily left Canada? (Canada (Federal), Canada)
Can a motion to dismiss for failure to exhaust state remedies be reviewed in Rule 4? (MultiRegion, United States of America)
Is a stay of a civil rights action pending exhaustion of his habeas remedies reviewable as a collateral order? (MultiRegion, United States of America)
