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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
Akhlaghi v. The Superior Court of Orange County (People)
Dismissal of substantive charges of making false financial statement under Penal Code Section 532(a)(1) invalidates conspiracy charge under same statute.
Administrative Agencies Mar. 28, 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
Oberson v. U.S. Department of Agriculture
Discretionary function exception did not shield Forest Service from liability for injuries suffered by party in snowmobile accident.
Administrative Agencies Jan. 31, 2008
Modification: Schmidlin v. City of Palo Alto
Statute of limitations for claim of excessive force is tolled after individual is served with notice to appear on charges against him.
Administrative Agencies Jan. 4, 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
Green Wood Industrial Co. v. Forceman International Development Group Inc.
Plaintiff sold non-existent scrap metal can recover lost profits and all damages arising from fraud except amount attributable to third-party claim.
Administrative Agencies Nov. 4, 2007
People v. Robinson
Arrest warrant incorporating perpetrator's genetic profile meets particularity requirement for prosecution of sexual offense within statute of limitations.
Administrative Agencies Oct. 29, 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
Capen v. Shewry
Health and Safety Code Section 1204(b)(1) does not subject physician's clinic to licensing by Dept. of Health Services.
Administrative Agencies Sep. 20, 2007
Cates v. California Gambling Control Commission
Summary judgment is improperly granted where gambling control commission has not shown it has complied with duty to collect funds owed to state.
Administrative Agencies Sep. 6, 2007
Resident Councils of Washington v. Leavitt
Federal agency's regulations permitting paid feeding assistants to perform nurse-related services are based on permissible construction of Nursing Home Reform Law.
Administrative Agencies Sep. 4, 2007
Williams v. United Airlines Inc.
Complaint is properly dismissed because Federal Airline Deregulation Act’s Whistleblower Protection Program does not create private right of action in federal court.
Administrative Agencies Sep. 3, 2007
Aageson Grain & Cattle v. U.S. Dept. of Agriculture
Farmers are entitled to attorney fees under Equal Access to Justice Act after prevailing in ‘adversary adjudication’ before National Appeals Division.
Administrative Agencies Sep. 3, 2007
DHX Inc. v. Surface Transportation Board
Water carriers charging freight customers different rates based on prudent business practices is reasonable and not actionable.
Administrative Agencies Aug. 30, 2007
Hoopai v. Astrue
Administrative law judge is not required to seek assistance of vocational expert where substantial evidence supports claimant’s depression is not sufficiently severe.
Administrative Agencies Aug. 28, 2007
Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. U.S. Dept. of Agriculture
Summary judgment is properly granted to USDA where it designated Canada minimal-risk country for cattle imports.
Administrative Agencies Aug. 28, 2007
Port of Seattle v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission improperly denies refunds for transactions involving energy purchased in Pacific Northwest for consumption in California.
Administrative Agencies Aug. 27, 2007
Kelsoe v. California State Water Resources Control Board
Legislative intent dictates finding gas station owner eligible for permit waiver and allowing his claim for reimbursement of cleanup costs to proceed.
Administrative Agencies Aug. 20, 2007
County of Sacramento v. State Water Resources Control Board
State and regional water boards properly apply water quality objective for groundwater bacteria as applied to youth correctional facility.
Administrative Agencies Aug. 12, 2007
Cedars-Sinai Medical Center v. National League of Postmasters of the United States
Hospital’s claims seeking reimbursement from health plan administrator for unpaid medical services provided to insured patient are not preempted by FEHBA.
Administrative Agencies Aug. 12, 2007
Alvarado v. Selma Convalescent Hospital
Trial court properly abstains from adjudicating class action lawsuit concerning staffing of skilled nursing and intermediate care facilities.
Administrative Agencies Aug. 2, 2007
Kelsoe v. California State Water Resources Control Board
Legislative intent dictates finding gas station owner eligible for permit waiver and allowing his claim for reimbursement of cleanup costs to proceed.
Administrative Agencies Jul. 22, 2007