Darby v. Kemp’s Empirical Analysis
957 F.2d 145 · 1992
Citation profile
4 federal appellate · 1 district ·
Appellate journey
reviewedthe decision below (from Virginia Western District Court)
Relationships
Relies on Myers v. Bethlehem Shipbuilding Corp. · McKart v. United States · Honig v. Doe · Coit Independence Joint Venture v. Federal Savings & Loan Insurance · McGee v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The exhaustion doctrine allows an agency to exercise its discretion and apply its expertise, ensures autonomy, and avoids premature intervention by the courts.”
2 later decisions quote this exact passage · from the majority“[t]he hearing officer's determination shall be final unless, pursuant to 24 CFR part 26, the Secretary or the Secretary's designee, within 30 days of receipt of a request decides as a matter of discretion to review the finding of the hearing officer. The 30 day period for deciding whether to review a determination may be extended upon written notice of such extension by the Secretary or his designee. Any party may request such a review in writing within 15 days of receipt of the hearing officer's determination.”
1 later decision quote this exact passage · from the majoritye.g. Darby v. Cisneros“These exceptions include futility of administrative review ... and inadequacy of administrative remedies____ Further, exhaustion may be excused if its application would leave an administrative decision unreviewed.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.