What federal remedies apply to a plaintiff who has failed to exhaust remedies?
MultiRegion, United States of America
The following excerpt is from Pension Ben. Guar. Corp. v. Carter & Tillery Enterprises, 133 F.3d 1183 (9th Cir. 1998):
The district court had jurisdiction under 29 U.S.C. 1303(e), 1307(c). This court has jurisdiction under 28 U.S.C. 1291. See Farmer v. McDaniel, 98 F.3d 1548, 1552 (9th Cir.1996), cert. denied, --- U.S. ----, 117 S.Ct. 1474, 137 L.Ed.2d 686 (1997) (dismissal for failure to exhaust remedies is a final, appealable order under 1291). We reverse.
"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
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (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)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Does the court err in waiving the requirement that plaintiffs exhaust their administrative remedies before pursuing their claim in federal court? (MultiRegion, United States of America)
Does a failure to exhaust intraunion remedies bar a plaintiff from seeking an intraunion remedy? (MultiRegion, United States of America)
In what circumstances will the exhaustion rule be applied in the context of a motion brought by a lower federal court to overturn a previous federal conviction? (MultiRegion, United States of America)
Does a plaintiff have to exhaust all the remedies available in the state courts to obtain a permit to proceed in the federal court? (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)
When will a court allow a plaintiff to fail to exhaust administrative remedies? (MultiRegion, United States of America)
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)
