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United States v. Peninsula Communications Inc.
District court properly exercised subject matter jurisdiction over action regarding entity's non-compliance with FCC order.
Administrative Agencies Apr. 29, 2002
C Bar H Inc. v. Board of Health
Denial of sewage disposal system permit by county health department is arbitrary and capricious.
Administrative Agencies Apr. 29, 2002
Lewis v. Barnhart
Although commissioner's position was incorrect, it was substantially justified and there is no abuse of discretion in denying attorneys fees.
Administrative Agencies Apr. 24, 2002
Hagerman v. United Transportation Union
Because Surface Transportation Board has authority over railroad mergers, district court lacks jurisdiction over railroad employees' contract claims relating to merger.
Administrative Agencies Apr. 24, 2002
Padres Hacia Una Vida Mejor v. Davis
Trial court properly grants writ of mandate directing Governor to convene Tanner Board.
Administrative Agencies Apr. 17, 2002
San Francisco Baykeeper v. Natural Resources Defense Council
Under the Clean Water Act, EPA does not have duty to establish water pollution standards for California's non-compliance.
Administrative Agencies Apr. 15, 2002
Udis v. Universal Communications Co.
Company providing information to debt collectors is subject to provisions of Fair Debt Collection Practices Act.
Administrative Agencies Apr. 11, 2002
California Correctional Supervisors Organization Inc. v. California Dept. of Corrections
Department of Corrections does not breach duty to provide safe workplace when it reassigns supervisors when understaffed.
Administrative Agencies Apr. 10, 2002
Nehmer v. Veterans' Administration
Veterans' Administration must pay retroactive benefits to veterans who contracted prostrate cancer after exposure to Agent Orange.
Administrative Agencies Apr. 8, 2002
Griffiths v. Superior Court (Medical Board of California)
State medical board may revoke physician's license for unprofessional conduct after more than one alcohol-related conviction.
Administrative Agencies Apr. 5, 2002
San Lazaro Assn. Inc. v. Connell
Medi-Cal providers cannot maintain action to enforce state's compliance with Medicaid Act's single state agency requirement for administering and supervising Medicaid program.
Administrative Agencies Apr. 3, 2002
Thomas v. Barnhart
Substantial evidence supports Social Security Administration determination that applicant is not disabled and not entitled to benefits.
Administrative Agencies Apr. 3, 2002
Hartwell Corp. v. Superior Court (Santamaria)
Damage claims against water utilities for violations of state and federal drinking water standards are not preempted.
Administrative Agencies Apr. 3, 2002
Konig v. Fair Employment and Housing Commission
Government Code Section 12989 does not invalidate case law prohibiting Fair Employment and Housing Commission from awarding damages for emotional distress.
Administrative Agencies Apr. 2, 2002
Dept. of Housing & Urban Development v. Rucker
Public housing agencies may evict 'innocent' tenants, regardless of knowledge, for any drug-related activity which takes place in their homes.
Administrative Agencies Apr. 1, 2002
Barnhart v. Walton
Social Security Administration's regulation that claimant must be both impaired and unable to work for at least 12 months is valid.
Administrative Agencies Apr. 1, 2002
Moore v. Commissioner of the Social Security Administration
Employment beginning after end of disability benefit period, unless inconsistent with claimed disability, is not 'specific and legitimate' reason for rejecting physician opinions.
Administrative Agencies Mar. 26, 2002
Brown v. MCI Worldcom Network Services Inc.
Court isn't barred by 'filed-rate' doctrine from hearing defendant's claim that telephone company wasn't authorized to charge him $10 fee.
Administrative Agencies Mar. 25, 2002
In re Petition of T.L.M.
Social services department not exempt from order to seal criminal records.
Administrative Agencies Mar. 21, 2002
Colorado State Board of Accountancy v. Paroske
Individual accountants practicing as a professional corporation must register with the state accounting board.
Administrative Agencies Mar. 21, 2002
Colorado Motor Vehicle Dealer Board v. Brinker
Motor vehicle licensing board erred in suspending license of salesperson where violations did not relate to the sale of motor vehicles.
Administrative Agencies Mar. 21, 2002
Morgan v. Colorado Department of Health Care Policy and Financing
Department of health care policy and financing acted properly in denying eligibility for home based services.
Administrative Agencies Mar. 20, 2002
Redfern v. U S West Communications
Tariff of public utilities commission did not apply to limit liability related to directory assistance service.
Administrative Agencies Mar. 13, 2002
Colorado Dept. of Revenue v. Garner
Driver is not subject to additional period of revocation where he was not convicted of driving while under restraint.
Administrative Agencies Mar. 7, 2002
Carson v. PaineWebber
Securities adviser is not entitled to hearing before arbitrator in dispute between adviser and former employer.
Administrative Agencies Mar. 7, 2002
New York v. FERC
Order
Administrative Agencies Mar. 3, 2002
Westmark Asset Management Corp. v. Joseph
Securities commissioner entitled to deny applications of investment advisors sanctioned by SEC.
Administrative Agencies Feb. 28, 2002
Provenzano v. DMV
DMV is authorized to revoke vehicle salesperson's license for advertising and selling car without having title.
Administrative Agencies Feb. 21, 2002
Stermer v. Board of Dental Examiners
Licensee who stipulates to disciplinary order based on criminal conviction cannot avoid order if conviction is vacated.
Administrative Agencies Feb. 21, 2002
Romley v. Arpaio
County Board of Supervisors did not delegate to County Sheriff authority to retain independent legal counsel.
Administrative Agencies Feb. 20, 2002