Normally I wouldn't mention this opinion. Since it's a state-specific holding about administrative exhaustion in a particular factual setting. Yawn.
But wait! That state is Nevada. The administrative tribunal is the Nevada Gaming Control Board. And the facts involve whether a high-rolling German gambler is required to pay the Wynn Casino the full amount of the $1.3 million he lost there or whether he only has to pay $250,000 since that's how much he told the Wynn (pursuant to a Nevada statute) they should cap his gambling markers.
Now you've got my interest, Ninth Circuit.
Sadly, the case is not about the merits. But, for whatever it's worth, Judge Rawlinson's opinion seems right that administrative exhaustion isn't required. Because Zoogolis had actual "credit instruments in the form of markers" under the relevant Nevada statute.
Germany 1, Nevada 0.