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· 4/25/1995

McDowell v. Napolitano

Citations

  • 895 P.2d 218
  • 119 N.M. 696

How courts have described this case

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

  • holding that exhaustion requirement did not bar litigation of the plaintiff’s claim because he substantially complied with grievance process
  • holding that exhaustion requirement did not bar litigation of the plaintiffs claim because he substantially complied with grievance process
  • stating that an appellate court will only find that the trial court abused its discretion by admitting evidence “when the [trial] court’s decision is without logic or reason, or ... is clearly unable to be defended” (internal quotation marks and citation omitted)
  • exhaustion of administrative remedies is absolute when a claim is first cognizable by administrative agency, and judicial interference is withheld until administrative policy has run its course
  • exhaustion doctrine not absolute because plaintiff substantially complied with grievance procedures and had already appealed to highest authority at university
  • “The doctrine of exhaustion of remedies is absolute where a claim is cognizable in the first instance by an administrative agency alone.... [Jjudieial interference is withheld until the administrative process has run its course.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Baca, Ransom, Franchini

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.