597 results for 'cat:"Administrative Law"'.
J. Sullivan finds for the Army Corps of Engineers on the state of Alabama’s challenge to the corps' updated master water control manual, which governs management of certain dams and reservoirs in the Alabama-Coosa-Tallapoosa River Basin. The state fails to show the manual violates the Clean Water Act, the Administrative Procedure Act or the National Environmental Protection Act.
Court: USDC District of Columbia, Judge: Sullivan, Filed On: November 9, 2023, Case #: 1:15cv696, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Environment, Water
J. Lampkin finds that the hearing officer properly reversed the board's decision to dismiss a tenured professor after he failed to report to work for four days. The hearing officer correctly found the Board must bear the burden of proving that the professor intended to abandon his job. However, the facts don't support such a finding, as the professor testified he believed he could use his personal days during registration week to attend a funeral. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: November 8, 2023, Case #: 230285, Categories: administrative Law, Education, Employment
Per curiam, the Oklahoma Court of Criminal Appeals adopts new rules and amends existing rules regarding procedures for appeals. Felony and misdemeanor appeals are included within a particular class of appeals provided that certain provisions control in juvenile and capital cases. Certain sections remain unchanged and the computation of time for an appeal to be perfected is clarified.
Court: Oklahoma Courts Of Appeal, Judge: Per curiam, Filed On: November 7, 2023, Case #: CCAD-2023-1, Categories: administrative Law, Judiciary
J. Callahan finds that the district court properly granted summary judgment in favor of agricultural associations and enjoins the California Attorney General from enforcing Proposition 65’s carcinogen warning requirement for the herbicide glyphosate, best known as the active ingredient in the herbicide Roundup. The proposed Proposition 65 warnings as applied to glyphosate were not purely factual and uncontroversial and were therefore subject to "intermediate scrutiny." Affirmed.
Court: 9th Circuit, Judge: Callahan, Filed On: November 7, 2023, Case #: 20-16758, Categories: administrative Law, Agriculture
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J. Wendlandt affirms the dismissal of local housing authorities’ motion for a declaratory judgment based on the local housing authorities’ belief that their state government exceeds its authority by refusing to approve employment contracts between local housing authorities and their executive directors if they don’t adhere to Department of Housing and Community Development guidelines. Guidelines are not by definition necessarily optional. Guidelines can be mandatory and the use of the term guidelines in a statute rather than mandates does not imply that the statute carries less authority than if it did use the term mandates.
Court: Massachusetts Supreme Court, Judge: Wendlandt, Filed On: November 6, 2023, Case #: SJC-13412, Categories: administrative Law, Government, Housing
J. Wooton reverses the lower court's order reversing the Office of Administrative Hearings' decision revoking the motorist's drivers license for five years for driving under the influence. The trial judge erred by focusing on two chemical breath tests that failed to show the presence of any alcohol or drugs in the motorist's system over the preponderance of the evidence offered by responding law enforcement officers that the motorist displayed signs of impairment and failed two field sobriety tests. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: November 6, 2023, Case #: 22-0223, Categories: administrative Law, Government, Transportation
J. Hutchison reverses the lower court's final order reversing the West Virginia Public Employees Grievance Board's decision denying the two sign language interpreters' grievance, and finding they are full-time special education teachers qualified to receive a 2019 pay increase. The interpreters' grievance is mooted by the 2021 law approving teacher pay increases at the determination of the state schools superintendent, and the judge misinterpreted the Board's 2014 decision that the interpreters are classified as "professional personnel" and not "teachers." Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: November 6, 2023, Case #: 21-0831, Categories: administrative Law, Education, Government
J. Kafker finds unenforceable a disputed agreement between a minority owner of a real estate company, which was purchasing a parcel of land to be used for a casino with a resort, and a representative of the resort. The agreement said the minority owner would be paid his percentage of the price reduction of said parcel of land, but the agreement was hidden from the commission empowered to review and approve casino licenses.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: November 3, 2023, Case #: SJC-13416, Categories: administrative Law, Real Estate, Contract
J. Boasberg grants the Office of Federal Acknowledgment's motion to dismiss a tribe's action challenging the agency's refusal to grant it federal recognition. The tribe lacks standing to bring an unreasonable delay claim, and, although it refers to the Administrative Procedure Act, it fails to identify a final agency action it seeks to challenge.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: November 1, 2023, Case #: 1:23cv54, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, Government
J. Moss finds for the FDA and a pharmaceutical company on a generic drugmaker's challenge to the FDA's tentative, rather than final, approval, which will not allow it to sell its irritable bowel syndrome medication until 2029. The generic drugmaker fails to show the lower court's order addressing the parties' patent issues would have allowed the FDA authority to approve the company's drug prior to 2029.
Court: USDC District of Columbia, Judge: Moss, Filed On: November 1, 2023, Case #: 1:23cv1611, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Patent
J. Kollar-Kotelly finds, in part, for a group of hospitals on their appeal of the Provider Reimbursement Review Board's dismissal of their administrative appeal challenging the Medicare compensation they received. Contrary to the board's determination, it had jurisdiction over their appeal, as the Centers for Medicare & Medicaid Services' publications are considered final determinations.
Court: USDC District of Columbia, Judge: Kollar-Kotelly, Filed On: October 31, 2023, Case #: 1:17cv545, NOS: Medicare Act - Contract, Categories: administrative Law, Health Care, Medicare
J. Ahuja finds that the lower court properly found for the state auditor, which prepared fiscal notes estimating the costs or savings to local governments for six different proposed pro-abortion initiative petitions, on a challenge from conservative voters. The fiscal notes' properly included various estimates on the economic costs of liberalized access to abortion. Affirmed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: October 31, 2023, Case #: WD86594, Categories: administrative Law, Constitution, Agency
J. Torbitzky finds that the lower court properly denied defendant's petition for removal from the Missouri sex offender registry. Defendant is required to register even though his statutory rape conviction occurred prior to 1979, the effective date of the state law, because he is required to register under federal law, which is a separate and independent basis for registration. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: October 24, 2023, Case #: ED111321, Categories: administrative Law
J. Wilson finds that the appellate division improperly annulled regulations establishing a familial DNA databank in identifying criminal perpetrators. The familial databank, an outgrowth of the databank that collects DNA from designated convicted offenders and which looks for kinship matches under tightly controlled circumstances, was an addition under state-granted rulemaking authority to the standing commission that established the original databank. Reversed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: October 24, 2023, Case #: 70, Categories: administrative Law, Constitution, Privacy
J. Thomson finds that the lower court improperly found the police officer was not eligible for duty-related disability retirement. There is no dispute that the officer's PTSD and depression arose exclusively from his employment, and that he is currently unable to perform his duties as a police officer due to his occupational disease. Reversed.
Court: Missouri Court Of Appeals, Judge: Thomson, Filed On: October 24, 2023, Case #: WD85492, Categories: administrative Law, Employment