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Plantier v. Ramona Municipal Water District
Commercial business owners need not exhaust administrative remedies before bringing suit challenging water district's method of calculating wastewater fees, warranting reversal of judgment favoring agency.
Administrative Agencies Jun. 13, 2017
D.L. v. United States
After plaintiff quickly and voluntarily dismisses complaint against federal employee, then pursues administrative remedies, dismissal improper when plaintiff re-adds federal employee to complaint.
Administrative Agencies Jun. 5, 2017
Dhillon v. John Muir Health
A trial court's order on a petition for writ of administrative mandamus that remands matter to administrative body is appealable.
Administrative Agencies May 26, 2017
City of Santa Maria v. Cohen
City of Santa Maria as successor agency to defunct redevelopment agency may not use redevelopment funds to pay bonds due on parking facilities.
Administrative Agencies Apr. 26, 2017
National Labor Relations Board v. SW General Inc. dba Southwest Ambulance
Federal Vacancies Reform Act Section 3345(b)(2) renders complaint filed on behalf of NLRB's acting general counsel invalid where President had nominated him for permanent position.
Administrative Agencies Mar. 22, 2017
Compassion Over Killing v. FDA
Summary judgment properly granted in federal agencies' favor, where agencies acted reasonably in denying plaintiffs' rulemaking petitions regarding egg carton labeling.
Administrative Agencies Feb. 28, 2017
Connors v. National Transportation Safety Board
Federal Aviation Administration's revocation of petitioner's aircraft registration certificate proper, where dismissal of criminal case following suppression of evidence irrelevant to revocation.
Administrative Agencies Jan. 4, 2017
Gutierrez v. Colvin
Social Security ALJ's alleged failure to specifically inquire about applicant's ability to perform cashiering given her disabilities does not require reversal of benefits denial.
Administrative Agencies Nov. 29, 2016
Hall v. Superior Court (Dept. of Motor Vehicles)
Driver entitled to new DMV hearing after DMV officer who upheld license revocation pleaded guilty to corruption, evidencing 'intolerably high risk of bias.'
Administrative Agencies Sep. 29, 2016
United Cook Inlet Drift Association v. National Marine Fishery Service
Delegation to state of management of fishery requiring conservation must be included in Fishery Management Plan by National Marine Fishery Service under Magnuson-Stevens Act.
Administrative Agencies Sep. 21, 2016
Freitas v. Shimoto
Uncontroverted expert testimony regarding unreliability of method employed to determine driver's blood alcohol concentration warrants reversal of suspension of driver's license.
Administrative Agencies Sep. 15, 2016
Fenske v. Service Employees International Inc.
Government contractor injured in Iraq War may not receive concurrent payments for back injury and hearing loss where hearing loss does not precede back injury.
Administrative Agencies Aug. 28, 2016
Pesticide Action Network North America v. United States EPA
Order
Administrative Agencies Aug. 15, 2016
Daniels v. Merit Systems Protection Board
Merit Systems Protection Board properly denies federal employee's petition for review for lack of jurisdiction where employee's disclosures not protected under Whistleblower Protection Act.
Administrative Agencies Aug. 10, 2016
Pacific Dawn LLC v. Pritzker
Failure to consider present participation in fishery acceptable in creation of fishery management plan, as present participation is only one of several factors for consideration.
Administrative Agencies Aug. 4, 2016
Pirouzian v. Superior Court (Medical Board of California)
Medical board commanded to set aside order revoking license of physician who misrepresented his employment status while collecting disability benefits because punishment is excessive.
Administrative Agencies Jul. 13, 2016
Attmore v. Colvin
Administrative law judge errs in determining medical improvement, failing to consider broader context of progress in social security benefits case.
Administrative Agencies Jul. 1, 2016
Seibert v. City of San Jose
Firefighter's discipline improperly overturned with respect to allegations of inappropriate touching of female coworker, but not as to 'salacious' email exchange with minor allegations.
Administrative Agencies Jul. 1, 2016
Seibert v. City of San Jose
Firefighter's discipline improperly overturned with respect to allegations of inappropriate touching of female coworker, but not as to 'salacious' email exchange with minor allegations.
Administrative Agencies Jun. 12, 2016
Stacy v. Colvin
Denial of social security benefits proper despite administrative law judge's reexamination of claimant's ability to perform past work.
Administrative Agencies Jun. 7, 2016
Seibert v. City of San Jose
Firefighter's discipline improperly overturned with respect to allegations of inappropriate touching of female coworker, but not as to 'salacious' email exchange with minor allegations.
Administrative Agencies Jun. 1, 2016
United States Army Corps of Engineers v. Hawkes Co. Inc.
Army Corps' issuance of approved 'judicial determination' constitutes a final agency action that is judicially-reviewable under the Administrative Procedure Act.
Administrative Agencies May 31, 2016
Chu v. U.S. Commodity Futures Trading Commission
Investor's petition for review denied where Commodity Futures Trading Commission's decision in favor of account executive at futures commission merchant supported by substantial evidence.
Administrative Agencies May 25, 2016
Dale v. Colvin
ALJ errs in according 'limited weight' to nurse practitioner's opinion when determining whether claimant seeking supplemental security income is disabled under Social Security Act.
Administrative Agencies May 20, 2016
Hughes v. Talen Energy Marketing LLC
Maryland's energy regulatory program preempted because it impermissibly sets wholesale rate, contravening Federal Power Act's division of authority between state and federal regulators.
Administrative Agencies Apr. 20, 2016
Animal Legal Defense Fund v. FDA
Adequate factual basis and absence of clear error compels affirmance of summary judgment in favor of FDA regarding its withholding of information under FOIA.
Administrative Agencies Apr. 12, 2016
Doe v. University of Southern California
Disciplinary action resulting from student's participation in group sexual encounter overturned due to university's failure to provide him with fair hearing.
Administrative Agencies Apr. 6, 2016
Pinheiro v. Civil Service Commission for the County of Fresno
Fresno County's Civil Service Commission's decision to uphold dismissal of a high profile county employee is vacated due to reliance on outside evidence.
Administrative Agencies Mar. 30, 2016
City of Mukilteo, Washington v. U.S. Dept. of Transportation
Opponents fail to overturn FAA's decision to open up Paine Field in Washington for commercial passenger operations.
Administrative Agencies Mar. 7, 2016
California Dept. of Consumer Affairs v. Superior Court (Lewis)
Consumers lack public interest standing to challenge bureau of Dept. of Consumer Affair's public position regarding deductibility of wear and tear under Lemon Law.
Administrative Agencies Mar. 1, 2016