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Talk America Inc. v. Michigan Bell Telephone Co.
Incumbent local exchange carriers must make existing entrance facilities available to competitors at cost-based rates if facilities are used for interconnection.
Administrative Agencies Jun. 10, 2011
Advanced Real Estate Services Inc. v. Superior Court (California Dept. of General Services)
Dept. errs in accepting bid without giving Legislature its statutorily-reserved opportunity to compare proposed deal with fair market value.
Administrative Agencies Jun. 9, 2011
Absmeier v. Simi Valley Unified School District
School district exceeds its authority by retaining law firm to render decision after administrative law judge failed to decide case.
Administrative Agencies Jun. 8, 2011
California Correctional Peace Officers Association v. Tilton
California Dept. of Corrections and Rehabilitation does not have authority to conduct basic training outside two academies listed in statute.
Administrative Agencies Jun. 6, 2011
Keyser v. Commissioner Social Security Administration
Agency errs in denying application for benefits because it failed to strictly follow regulations in reaching its conclusion that petitioner’s disability is not severe.
Administrative Agencies Jun. 2, 2011
Pinnacle Armor Inc. v. United States
National Institute of Justice’s decision to revoke body armor manufacturer’s certification is not exempt from judicial review by law.
Administrative Agencies May 27, 2011
McLeod v. Astrue
Administrative law judge's failure to help applicant develop record by putting VA disability determination into record is reasonably likely to have been prejudicial.
Administrative Agencies May 20, 2011
Ursack Inc. v. Sierra Interagency Black Bear Group
Agency’s decision to revoke conditional approval for product's use in park is rational despite approval of competing product, which failed several times.
Administrative Agencies May 10, 2011
The Morning Star Co. v. Board of Equalization
Agency’s regulation interpreting statute does not conflict with statute where interpretation is long standing and supported by substantial evidence.
Administrative Agencies May 6, 2011
GCB Communications Inc. v. U.S. South Communications Inc.
Completing carriers are not required to compensate payphone service providers unless coding digits, identifying what phones were used, are actually provided to carriers.
Administrative Agencies May 2, 2011
Petrus v. State of California DMV
Driver is deprived of opportunity to present meaningful defense in violation of due process because counsel received blood test results minutes before hearing.
Administrative Agencies May 2, 2011
California Farm Bureau Federation v. State Water Resources Control Board
Annual fee collected to be used for administration of water resources, but not for revenue purposes, only requires majority assent.
Administrative Agencies Apr. 24, 2011
City of Fillmore v. State Board of Equalization
Judicial review of parties’ petition before exhaustion of administrative remedies is proper where parties show strong likelihood agency lacks jurisdiction in underlying dispute.
Administrative Agencies Apr. 20, 2011
Milner v. Department of the Navy
Explosives maps and data do not qualify for withholding under Exemption 2 of Freedom of Information Act, which only encompasses records relating to human resources.
Administrative Agencies Mar. 8, 2011
Coretronic Corp. v. Cozen O’Connor
Claim based on conflicting attorney representation, and not attorney’s litigation-related activity, is not protected activity subject to special motion to strike.
Administrative Agencies Feb. 25, 2011
Lake Washington School District No. 414 v. Office of Superintendent of Public Instruction
School district lacks standing to file suit against state agency under Individuals with Disabilities Education Act.
Administrative Agencies Feb. 23, 2011
Borger v. DMV
Speculative testimony regarding margin-of-error of breath testing machine is not substantial evidence to rebut presumptive validity of actual recorded results.
Administrative Agencies Feb. 18, 2011
McLeod v. Astrue
Administrative law judge's failure to help applicant develop record by putting VA disability determination into record is reasonably likely to have been prejudicial.
Administrative Agencies Feb. 8, 2011
California Wilderness Coalition Natural Resources Defense Council v. Desert Protection Society
Dept. of Energy must engage in meaningful exchange of information to constitute ‘consultation with affected states’ requirement under Federal Power Act.
Administrative Agencies Feb. 2, 2011
California Farm Bureau Federation v. State Water Resources Control Board
Annual fee collected to be used for administration of water resources, but not for revenue purposes, only requires majority assent.
Administrative Agencies Feb. 1, 2011
Ziehlke v. Valverde
Administrative hearing following arrest for driving under influence of alcohol does not violate due process because license suspension is not akin to criminal trial.
Administrative Agencies Jan. 26, 2011
Mammoth Lakes Land Acquisition LLC v. Town of Mammoth Lakes
No administrative remedy exists after plaintiff gives defendant notice of default and no proposed land use existed to adjudicate through administrative process.
Administrative Agencies Jan. 3, 2011
McLeod v. Astrue
Administrative law judge's failure to help applicant develop record by putting VA disability determination into record is reasonably likely to have been prejudicial.
Administrative Agencies Dec. 16, 2010
Brenner v. DMV
DMV must show driver’s blood alcohol content was over legal limit after evidence is presented regarding inaccuracy of measuring device.
Administrative Agencies Oct. 18, 2010
Margarito v. State Athletic Commission
State Athletic Commission properly revokes boxing license based on use of adulterated hand wraps even if boxer did not know pads were adulterated.
Administrative Agencies Oct. 14, 2010
Clovis Unified School District v. Chiang
Agency may not use administrative regulation to evaluate school district’s reimbursement claims without following proper procedures for regulation implementation.
Administrative Agencies Oct. 14, 2010
Telesaurus VPC LLC v. Power
Plaintiff fails to allege sufficient facts to establish that mobile radio service provider is 'common carrier' under Federal Communications Act of 1934.
Administrative Agencies Oct. 10, 2010
Sonoma County Water Coalition v. Sonoma County Water Agency
Water management plans are valid where assumptions made for water supply projections are properly predicated on substantial evidence.
Administrative Agencies Oct. 10, 2010
Clovis Unified School District v. Chiang
Agency may not use administrative regulation to evaluate school district’s reimbursement claims without following proper procedures for regulation implementation.
Administrative Agencies Sep. 22, 2010
Cooper v. FAA
Claims for severe emotional distress due to FAA's disclosure of pilot's HIV status qualify as ‘actual damages’ under Privacy Act of 1974.
Administrative Agencies Sep. 17, 2010