Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
20-16597
|
Miskey v. Kijakazi
Social Security Administration correctly determined that the Government Pension Offset, reducing the amount of Social Security spousal benefits paid to one receiving a government pension, applied to plaintiff. |
Administrative Agencies |
|
M. Friedland | May 4, 2022 |
21-35458
|
Woods v. Kijakazi
An administrative law judge properly rejected the opinion of plaintiff's examining physician because substantial evidence supported the judge's inconsistency findings. |
Administrative Agencies |
|
J. Nguyen | Apr. 25, 2022 |
B305604
|
California DUI Lawyers Assn. v. California Dept. of Motor Vehicles
Combining the roles of advocate and adjudicator in a single person employed by the DMV violated due process. |
Administrative Agencies |
|
B. Currey | Apr. 19, 2022 |
20-56410
|
Global Rescue Jets v. Kaiser Foundation Health Plan
Like Medicare Parts A & B claims, Medicare Advantage claims must exhaust all administrative remedies before pursuing claims in federal court. |
Administrative Agencies |
|
P. Watford | Apr. 11, 2022 |
20-16401
|
Grand Canyon Trust v. Provencio
In determining a mine's profitability under the Mining Act, sunk costs can be ignored. |
Administrative Agencies |
|
J. Bybee | Feb. 23, 2022 |
B304347
|
Modification: Pappas v. State Coastal Conservancy
Trial courts may adjudicate actions for relief to restrain any Coastal Act violation. |
Administrative Agencies |
|
S. Perren | Jan. 26, 2022 |
19-1401
|
Hughes v. Northwestern Univ.
The Seventh Circuit failed to consider whether retirement plan administrators breached fiduciary duties by failing to remove imprudent investments from the plan. |
Administrative Agencies |
|
S. Sotomayor | Jan. 25, 2022 |
21A244
|
National Federation of Independent Business v. Occupational Safety and Health Administration
OSHA mandate, requiring businesses with more than 100 employees to be vaccinated or test negative weekly, was beyond the scope of its authority. |
Administrative Agencies |
|
P. Curiam (USSC) | Jan. 18, 2022 |
A162343
|
Western Growers Assn. v. Occupational Safety & Health Standards Board
The Occupational Safety and Health Standards Board had statutory authority to issue emergency mandates affecting businesses during the pandemic. |
Administrative Agencies |
|
S. Margulies | Jan. 14, 2022 |
20-480
|
Babcock v. Kijakazi
"Dual-status military technician" pension payments were not based wholly on services as a member of uniformed service and were subject to Social Security Act's Windfall Elimination provision. |
Administrative Agencies |
|
A. Barrett | Jan. 14, 2022 |
B307412
|
Lozano v. City of Los Angeles
A Digital In-Car Video System recording capturing police officers playing Pokemon on duty was properly used as a basis in the disciplinary action. |
Administrative Agencies |
|
A. Egerton | Jan. 11, 2022 |
B308328
|
Elmore v. Gordon
Driver's license suspension for refusal to submit to blood or breath test was proper despite an incomplete admonition that refusal would also result in fine or imprisonment. |
Administrative Agencies |
|
J. Wiley | Jan. 4, 2022 |
20-16834
|
Michener v. Kijakazi
Service not designated as employment or recognized as equivalent in U.S.-Canada Section 433 agreement was subject to the Windfall Elimination Program. |
Administrative Agencies |
|
A. Hurwitz | Jan. 3, 2022 |
B304347
|
Pappas v. State Coastal Conservancy
Trial courts may adjudicate actions for relief to restrain any Coastal Act violation. |
Administrative Agencies |
|
S. Perren | Dec. 30, 2021 |
S263734
|
Hill RHF Housing Partners, L.P. v. City of Los Angeles
Plaintiffs were not barred by remedy exhaustion from bringing an issue before the courts when the only extrajudicial dispute resolution process available was participation in a public comment session. |
Administrative Agencies |
|
T. Cantil-Sakauye | Dec. 21, 2021 |
A159990
|
Clawson v. Board of Registered Nursing
Gross negligence while conducting residential appraisals was unprofessional conduct subject to discipline by the Board of Registered Nursing. |
Administrative Agencies |
|
T. Jackson | Dec. 20, 2021 |
B312348
|
Modification: City of Oxnard v. County of Ventura
A city seeking a preliminary injunction to prohibit the county from providing ambulance services was denied because the city effectively delegated its administrative control over that service prior to 1980. |
Administrative Agencies |
|
M. Tangeman | Dec. 15, 2021 |
B312348
|
City of Oxnard v. County of Ventura
A city seeking a preliminary injunction to prohibit the county from providing ambulance services was denied because the city effectively delegated its administrative control over that service prior to 1980. |
Administrative Agencies |
|
M. Tangeman | Nov. 24, 2021 |
19-17294
|
Plaskett v. Wormuth
Under the Administrative Procedure Act, plaintiff's failure to plead a discrete action the Army was required to take was a failure to state a claim upon which relief could be granted. |
Administrative Agencies |
|
D. Collins | Nov. 22, 2021 |
E075738
|
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board
The Department of Alcoholic Beverage Control properly revoked a nonprofit club's liquor license because substantial evidence showed it knowingly allowed cannabis sales on its premises. |
Administrative Agencies |
|
M. Raphael | Nov. 1, 2021 |
A159004
|
Doe v. The Regents of the University of California
Where sex was not consensual because student was clearly drunk by suspended student's own account, "Doe v. Allee" fairness procedures are not required. |
Administrative Agencies |
|
M. Miller | Oct. 21, 2021 |
A159023
|
Doe v. The Regents of the University of California
A university student's opportunity to cross-examine witnesses was not required to provide a fair process because he admitted to the truth of the essential factual allegations. |
Administrative Agencies |
|
M. Miller | Oct. 21, 2021 |
C092584
|
Modification: Li v. Superior Court (Medical Board of California)
A trial court must account for the standard of proof in the underlying administrative proceeding when exercising its independent judgment. |
Administrative Agencies |
|
R. Robie | Oct. 20, 2021 |
C092584
|
Li v. Superior Court (Medical Board of California)
A trial court must account for the standard of proof in the underlying administrative proceeding when exercising its independent judgment. |
Administrative Agencies |
|
R. Robie | Oct. 8, 2021 |
20-35487
|
Smith v. Kijakazi
An administrative law judge erred by reaching a single disability determination on a varied, multi-year period of alleged disability. |
Administrative Agencies |
|
J. Rakoff | Oct. 4, 2021 |
F079342
|
Muskan Food & Fuel, Inc. v. City of Fresno
An email presenting concerns about an oversaturation of alcohol licenses did not exhaust administrative remedies under Fresno's Municipal Code. |
Administrative Agencies |
|
J. Detjen | Sep. 29, 2021 |
E072972
|
Curcio v. Fontana Teachers Assn. CTA/NEA
Because the Public Employees Relations Board had exclusive jurisdiction in plaintiff's unfair practice claims, the superior court lacked jurisdiction to decide those claims. |
Administrative Agencies |
|
A. McKinster | Sep. 15, 2021 |
20-35393
|
Corrigan v. Haaland
Interior's Interior Board of Land Appeals properly applied the statutes establishing that a grazing preference cannot be exercised after the corresponding grazing permit is not renewed for bad behavior. |
Administrative Agencies |
|
P. Friedman | Sep. 3, 2021 |
20-70147
|
Martin v. Sundial Marine Tug & Barge Works
Under the Longshore and Harbor Workers' Compensation Act, Section 910(a) can 'reasonably and fairly' be applied even when a five-day worker works more than 260 days. |
Administrative Agencies |
|
A. Hurwitz | Sep. 3, 2021 |
C089953
|
Olson v. Hornbrook Community Services District
State Water Resources Control Board, not the court, should decide issues pertaining to operator certification. |
Administrative Agencies |
|
R. Robie | Aug. 31, 2021 |