law-exhaustion of administrative remedies | internal grievance process | administrative law | primary
jurisdiction doctrine | exclusive administrative agency jurisdiction | public employment disputes |
CASE LAW ON EXHAUSTION OF ADMINISTRATIVE REMEDIES
Exhaustion of administrative remedies cannot be a prerequisite to filing suit when filing suit is
itself a prerequisite to exhausting those administrative remedies. Because ERS does not
have exclusive jurisdiction of this claim, the court of appeals’ opinion does not conflict with
any of our own, so we dismiss the petition for want of jurisdiction.
In Re Liberty Mutual Fire Ins. Co., No. 08-0742 (Tex. Aug. 28, 2009)(per curiam)
(worker's comp, exhaustion of administrative remedies, preauthorization of medical treatment)
IN RE LIBERTY MUTUAL FIRE INSURANCE COMPANY; from Nueces County;
13th district (13-08-00129-CV, ___ SW3d ___, 08-07-08)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court
conditionally grants the petition for writ of mandamus.
Per Curiam Opinion
O’Neil v. Ector ISD, No. 07-0084 (Tex. Mar. 28, 2008)(per curiam) (public employment disputes,
teacher contract dispute, exhaustion of administrative remedies, limitations)
HELEN O'NEAL v. ECTOR COUNTY INDEPENDENT SCHOOL DISTRICT; from Travis County;
11th district (11-06-00013-CV, 221 S.W.3d 286, 11-09-06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court affirms the court of appeals' judgment.
SARAH HORTON (NOW STANNARD) v. CITY OF SMITHVILLE, TEXAS; from Bastrop County; 3rd
(03-07-00174-CV, ___ SW3d ___, 01-25-08, pet. denied June 2008) (nuisance claim, taking, plea to
the jurisdiction sustained, failure to exhaust of administrative remedies)