What is the test for determining whether an exclusive jurisdiction provision precludes the district court from hearing a claim?
The following excerpt is from Merritt v. Shuttle Inc., 245 F.3d 182 (2nd Cir. 2001):
14. In Haerum v. Air Line Pilots Ass'n, 892 F.2d 216, 220 (2d Cir. 1989), we stated that the test for determining whether an exclusive jurisdiction provision precludes the district courts from hearing a claim is whether the "issue [was] actually litigated and necessarily decided" in a prior administrative hearing. This statement was mere dicta, however, because we decided the case on other grounds. Id. at 222.
14. In Haerum v. Air Line Pilots Ass'n, 892 F.2d 216, 220 (2d Cir. 1989), we stated that the test for determining whether an exclusive jurisdiction provision precludes the district courts from hearing a claim is whether the "issue [was] actually litigated and necessarily decided" in a prior administrative hearing. This statement was mere dicta, however, because we decided the case on other grounds. Id. at 222.
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