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State of California ex rel. Dept. of Pesticide Regulation v. Pet Food Express Limited
Pet store chain ordered to comply with administrative subpoena fails to establish grounds for reversal based on statute of limitations.
Administrative Agencies Aug. 5, 2008
Dougherty v. Haag
Association of Firearm and Toolmark Examiners affords censured firearms expert high level of 'fair procedure.'
Administrative Agencies Jul. 31, 2008
Koponen v. Pacific Gas & Electric Co.
Court has jurisdiction to adjudicate claims regarding public utility's licensing rights in easements burdening plaintiffs' property.
Administrative Agencies Jul. 30, 2008
Carmickle v. Commissioner, Social Security Administration
Social Security Administration Commissioner's denial of disability benefits are supported by substantial evidence in record.
Administrative Agencies Jul. 25, 2008
Lopez v. Imperial County Sheriff's Office
Administrative agency's tie votes on termination of employees results in failure to act, and another vote is proper.
Administrative Agencies Jul. 23, 2008
Bussard v. DMV
Continuance for administrative hearings may be granted at discretion of hearing officers upon showing of 'good cause.'
Administrative Agencies Jul. 10, 2008
Western Radio Services Co. v. Qwest Corp.
Exchange carrier may not sue for failure to negotiate in good faith until public utilities commission has addressed good faith claim.
Administrative Agencies Jul. 10, 2008
Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County
Presumption under 'Mobile-Sierra' doctrine applies regardless of when contract rates are challenged and imposes same standard on purchasers and sellers.
Administrative Agencies Jun. 27, 2008
Le v. Astrue
Where plaintiff visits doctor five times over three years, government is substantially justified in holding psychologist was not treating doctor.
Administrative Agencies Jun. 25, 2008
Charles A. Pratt Construction Co. Inc. v. California Coastal Commission
California Coastal Commission has appellate jurisdiction to decide whether development permit granted by local government complies with Local Coastal Plan.
Administrative Agencies Jun. 11, 2008
Dyer v. Dept. of Motor Vehicles
Fact that detaining officer was driving unmarked vehicle did not render subsequent DUI arrest unlawful.
Administrative Agencies May 27, 2008
Robert F. Kennedy Medical Center v. Leavitt
Medical center is ineligible for reimbursement under 42 C.F.R. Section 413.134(f) where its statutory merger does not qualify as 'bona fide sale.'
Administrative Agencies May 20, 2008
Lawrence v. Dept. of Interior
Government does not waive limitations period to apply for firefighting credit by failing to furnish actual notice of new time limit.
Administrative Agencies May 14, 2008
Charles A. Pratt Construction Co. Inc. v. California Coastal Commission
California Coastal Commission has appellate jurisdiction to decide whether development permit granted by local government complies with Local Coastal Plan.
Administrative Agencies May 12, 2008
Wang v. Valverde
Applicant’s act of cheating on application for class B driver's license did not permit DMV to revoke applicant’s existing class C license.
Administrative Agencies May 1, 2008
State of California Dept. of Social Services v. Leavitt
District court did not err in allowing plaintiffs relief from previous order based on passage of Deficit Reduction Act of 2005.
Administrative Agencies Apr. 28, 2008
South San Joaquin Irrigation District v. Superior Court (San Joaquin Local Agency Formation Commission)
Due to recent amendments that set forth procedures for approval of new services special districts want to provide, LAFCO approval is mandatory.
Administrative Agencies Apr. 24, 2008
Mays v. City of Los Angeles
Notice to peace officer stating that his alleged misconduct should be adjudicated by Board of Rights provides sufficient notice of disciplinary action.
Administrative Agencies Apr. 18, 2008
California Consumer Health Care Council Inc. v. California Dept. of Managed Health Care
Department's independent medical review process does not violate due process because enrollees are given chance to state their claims and receive records.
Administrative Agencies Apr. 3, 2008
County of Los Angeles v. Leavitt
Hospital bed count determination for purposes of Medicare reimbursement of medical education expenses is not arbitrary and capricious.
Administrative Agencies Apr. 1, 2008
Kawamura v. Organic Pastures Dairy Co.
Firm that processes milk produced on its own dairy farm is obligated to participate in pool pricing system as 'handler.'
Administrative Agencies Mar. 19, 2008
Federal Express Corp. v. Holowecki
Courier filed 'charge' pursuant to Age Discrimination in Employment Act, because EEOC interprets term as requesting agency to take remedial action.
Administrative Agencies Feb. 28, 2008
Arrington v. Daniels
Under Section 706 of Administrative Procedure Act, Bureau of Prisons fails to provide valid rationale for categorical exclusion rule.
Administrative Agencies Feb. 20, 2008
Global Horizons Inc. v. U.S. Dept. of Labor
When party has not shown any chance of success on merits, no further determination of irreparable harm or balancing of hardships is necessary.
Administrative Agencies Dec. 13, 2007
Phelps v. State Water Resources Control Board (Dept. of Water Resources)
Aggrieved party’s failure to petition for relief within 30 days of State Water Resources Control Board action bars judicial review of board’s decision.
Administrative Agencies Nov. 27, 2007
Center for Biological Diversity v. National Highway Traffic Safety Administration
National Highway Traffic Safety Administration rule setting corporate average fuel economy standards for light trucks is arbitrary and capricious.
Administrative Agencies Nov. 18, 2007
Montalvo v. Spirit Airlines
Passengers' claim that airlines failed to warn about risk of developing deep vein thrombosis is pre-empted by FAA.
Administrative Agencies Nov. 11, 2007
Moore v. City of Los Angeles
Peace officer may not raise statute of limitations defense for first time in writ for administrative mandate.
Administrative Agencies Oct. 25, 2007
Public Utility District No. 1 of Snohomish County Washington v. Bonneville Power Administration
If administrative agency exceeds its delegated authority in entering into agreement, later challenge to amendments of that agreement are remanded to agency.
Administrative Agencies Oct. 11, 2007
Montalvo v. Spirit Airlines
Passengers' claim that airlines failed to warn about risk of developing deep vein thrombosis is pre-empted by FAA.
Administrative Agencies Oct. 4, 2007