Legal Opinion
Diaz v. Pueblo International, Inc.
Supreme Court of The Virgin Islands
Decided March 30, 1988No. Civil No. 302/1987PublishedCited by 4 opinions
1Opinion of the CourtPetersen, Judge
MEMORANDUM OPINION
This matter is before this Court on Defendant Pueblo International Inc.’s Motion to Dismiss for lack of subject matter jurisdiction. For all of the reasons stated herein, the Motion is Denied.
DISCUSSION
The issue created by this Motion to Dismiss is whether the recently enacted wrongful discharge statute, 24 V.I.C. § 76 et seq., requires plaintiff to pursue and exhaust administrative remedies before the Virgin Islands Department of Labor prior to seeking redress from the Court.
The Third Circuit Court of Appeals has stated unequivocally that when exhaustion is required by…
2Cases cited9 opinions
- Far East Conference v. United StatesSupreme Court of the United States · 1952
- Morrison-Knudsen Co. v. CHG International, Inc.Court of Appeals for the Ninth Circuit · 1987
- Dan S. Hessbrook v. M.C. Lennon, Jr., D.A. French, and J. SaxmanCourt of Appeals for the Fifth Circuit · 1986
- Northern Colorado Water Conservancy District v. Federal Energy Regulatory Commission, Energenics Systems, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1984
- Maria Heywood v. Cruzan Motors, IncCourt of Appeals for the Third Circuit · 1986
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3Cited by4 opinions
- Gumbs-Heyliger v. CMW & Associates Corp.District Court, Virgin Islands · 2014
- Daniel v. St. Thomas Dairies, Inc.Supreme Court of The Virgin Islands · 1992
- William Nickeo v. Virgin Islands Telephone Corp.Court of Appeals for the Third Circuit · 1994
- Nickeo v. V.I. Tel. Corp.Court of Appeals for the Third Circuit · 1994