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Brown-Hunter v. Colvin
Administrative Law Judge errs by failing to provide specific, clear and convincing reasons for rejecting Social Security claimant's testimony.
Administrative Agencies Aug. 4, 2015
Rounds v. Commissioner Social Security Administration
Discrepancies between vocational expert's testimony, Dictionary of Occupational titles, and determined residual functional capacity merit reconciliation in Supplemental Security Income claim.
Administrative Agencies Aug. 4, 2015
City of San Diego v. Bd. of Trustees of the Cal. State Univ.
Dictum from state Supreme Court ruling does not support CSU Board of Trustees' position that it has no power to contribute to mitigating off-campus impacts of proposed expansion.
Administrative Agencies Aug. 3, 2015
City and County of San Francisco v. United States Dept. of Transportation
San Francisco's claims against Hazardous Materials Safety Administration relating to gas pipeline rupture not authorized or cognizable under federal law.
Administrative Agencies Jul. 30, 2015
Organized Village of Kake v. U.S. Dept. of Agriculture
USDA's complete reversal of its initial decision not to exempt Tongrass National Forest from Roadless Rule is invalid absent reasoned explanation.
Administrative Agencies Jul. 29, 2015
Rutledge v. Hewlett-Packard
Debate over inadequacies of HP tablet notebook constitute issues of fact, not law, invalidating summary judgment of lower court.
Administrative Agencies Jul. 23, 2015
Alejandro N. v. Superior Court (People)
In lead case, Proposition 47's offense reclassification provisions under Penal Code Section 1170.18 applies to juvenile offenders, authorizing redesignation of juvenile felony to misdemeanor.
Administrative Agencies Jul. 23, 2015
Marsh v. Colvin
Where an ALJ, in a disability benefits denial, fails to mention treating source's notes identifying disability applicant as 'nonfunctioning,' such error may not be harmless.
Administrative Agencies Jul. 12, 2015
Michigan v. E.P.A.
Unreasonable for EPA to deem cost an irrelevant consideration when determining whether power plants fall under regulatory purview of Clean Air Act section.
Administrative Agencies Jun. 29, 2015
Hambrick v. Healthcare Partners Medical Group
Abstention doctrine requires dismissal of plaintiff's statutory claims under the Knox-Knee Health Care Service Plan Act.
Administrative Agencies Jun. 28, 2015
Amin v. Superior Court (People)
Prosecutor bears risk of mistake of agreeing to plea knowing she had limited knowledge and cannot rescind plea agreement based on mistake of fact.
Administrative Agencies Jun. 24, 2015
Department of Corrections and Rehabilitation v. Superior Court
Superior court oversteps its bounds by granting parolee's request to reside in county other than the one determined for him by the Department of Corrections.
Administrative Agencies Jun. 24, 2015
Marsh v. Colvin
By failing to cite treating physician's thorough notes in denial of disability benefits where such notes strongly suggested applicant was disabled, Administrative Law Judge may have committed non-harmless error.
Administrative Agencies Jun. 18, 2015
Pacific Gas and Electric Co. v. Public Utilities Commission (City of San Bruno)
A mental state to mislead is not required to find public utility violates California Code of Regulations title 20, Section 1.1.
Administrative Agencies Jun. 16, 2015
California Building Industry Association v. City of San Jose
Ordinary standard of review applies to city's inclusionary housing ordinance; San Remo standard inapplicable.
Administrative Agencies Jun. 15, 2015
Britton v. Colvin
Administrative law judge's denial of disability benefits is not an error, where substantial evidence shows applicant could perform light work, and where medical expert's testimony is inadequate.
Administrative Agencies Jun. 2, 2015
State of California v. FERC
FERC instructed to once more review ratemaking approach from during the California energy crisis of 2000-01.
Administrative Agencies Apr. 29, 2015
Coffey v. Shiomoto
Circumstantial, non-chemical-test evidence of driver’s impairment may rebut driver’s proffered defense that her BAC was low at the time she was driving.
Administrative Agencies Apr. 6, 2015
Gallup v. Superior Court
Former court mediator must exhaust administrative remedies prior to suing court for violating Labor Code for allegedly retaliating against her for whistleblowing.
Administrative Agencies Mar. 30, 2015
Hyundai Motor America v. Superior Court
Consumer not entitled to post-judgment interest before final judgment entered in lemon law action.
Administrative Agencies Mar. 23, 2015
Tamas v. Safeway
Stay of FDA regulation does not prohibit use of MPC ingredient in yogurt.
Administrative Agencies Mar. 18, 2015
Universal Protection Services v. Superior Court
Agreement between employer and employee to follow American Arbitration Association rules puts question of arbitrability in purview of arbitrator.
Administrative Agencies Mar. 15, 2015
County of Sonoma v. Cohen
Trial court’s finding that agreements between county and former redevelopment agency were enforceable obligations is not at odds with the purpose of the California’s “Great Dissolution” law.
Administrative Agencies Mar. 12, 2015
People v. Superior Court (Cahuenga's The Spot)
Civil penalties are remedies available to a plaintiff, and not an element of a cause of action that need to be proved to prevail on summary judgment.
Administrative Agencies Mar. 10, 2015
Department of Transportation v. Association of American Railroads
Amtrak is a governmental entity for purposes of determining validity of metrics and standards.
Administrative Agencies Mar. 9, 2015
Perez v. Mortgage Bankers Assn.
Paralyzed Veterans doctrine contradicts APA’s rulemaking provisions; Department of Labor not required to use notice-and-comment procedures when amending or repealing its interpretive rule.
Administrative Agencies Mar. 9, 2015
Universal Protection Services v. Superior Court
Agreement between employer and employee to follow American Arbitration Association rules puts question of arbitrability in purview of arbitrator.
Administrative Agencies Mar. 2, 2015
Weiland v. American Airlines Inc.
Check airman cannot seek reinstatement under newly enacted law abrogating Age 6o Rule in airline industry.
Administrative Agencies Mar. 2, 2015
Andrea Resnick v. Netflix, Inc.
Failure to raise genuine issue of material fact as to antitrust injury supports summary judgment in suit over Netflix-Walmart agreement.
Administrative Agencies Mar. 1, 2015
Zavalin v. Colvin
Administrative law judge must reconcile inconsistencies between potential disability claimant’s limitations and the occupations proposed for claimant.
Administrative Agencies Feb. 22, 2015