· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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