Department of Health v. Donahue

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that when agency creates procedures for review, due process of law requires the agency to adhere to those procedures even if they exceed what is constitutionally required
• acknowledging that a waiver may be express or implied but perceiving no waiver because Donahue's failure to raise an issue was not \the type of unequivocal act indicative of a waiver\ and did not \ clearly manifest[ ] any intent by Donahue to relinquish her claim\
• acknowledging that a waiver may be express or implied but perceiving no waiver because defendant’s 17 failure to raise an issue was not “the type of unequivocal act indicative of a waiver” and did not “clearly manifest[] any intent by [respondent] to relinquish her claim”
• the economic remedy awarded by the Board should equal, to the extent practicable, the wrong actually sustained
• teacher received back pay with mitigation after she was denied her statutory right to a predisciplinary meeting
• when the state imposes more stringent standards on government agencies than are constitutionally required, due process requires agencies to adhere to those standards

Source: CourtListener parenthetical corpus (CC0).