Gambino v. Whitney

How courts have described this case

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

• noting that statutory exhaustion requirements may be waived “where the attempt to exhaust administrative remedies would be useless or inadequate to prevent irreparable harm”
• affirming the district court’s dismissal for failure to exhaust administrative remedies and not addressing the merits of absolute immunity, lack of private right of action, or failure to state a claim
• “A dismissal for lack of subject matter jurisdiction is not a decision on the merits, and thus cannot be a dismissal with prejudice.”
• “A dismissal for lack of subject matter jurisdiction is not a decision on the merits, and thus cannot be a dismissal with prejudice.”
• “A dismissal for lack of subject matter jurisdiction is not a decision on the merits, and thus cannot be a dismissal with prejudice.”
• “A dismissal for lack of subject[-]matter jurisdiction is not a decision on the merits, and thus cannot be a dismissal with prejudice.”

Source: CourtListener parenthetical corpus (CC0).