597 results for 'cat:"Administrative Law"'.
J. Srinivasan vacates the district court's finding for the Secretary of the Army on a veteran's challenge to the Army's assignment of a 20 percent, rather than 30 percent, disability rating following back and leg injuries he suffered in a car accident while on deployment. The secretary improperly adopted the Physical Disability Board of Review's conclusion, which did not assign a rating to the veteran's leg condition, despite the board's finding the condition contributed to his unfitness. Vacated.
Court: DC Circuit, Judge: Srinivasan, Filed On: July 28, 2023, Case #: 22-5045 , Categories: administrative Law, Military
J. Long finds the trial justice properly upheld defendant town's enactment of an emergency moratorium ordinance, which paused the town’s review of the plaintiff’s solar-field projects. The solar-field submissions did not vest pursuant to Rhode Island law. Affirmed.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: July 28, 2023, Case #: 20-244, Categories: administrative Law
J. Ezra grants motions to dismiss by USDA and the Texas Parks & Wildlife Department after both agencies were sued by a deer breeder who alleged he was deprived of his property without due process after Texas and federal officials killed deer he was breeding following signs in the deer of Chronic Wasting Disease, a dangerous prion disease similar to hoof-and-mouth. There are a number of fatal flaws with the breeder’s current suit, including the fact that he has not exhausted administrative remedies and the fact that “in Texas, all wild animals, including deer, belong to the state.”
Court: USDC Western District of Texas , Judge: Ezra, Filed On: July 27, 2023, Case #: 1:22cv479, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Agriculture, Conversion
J. Rice grants the farm workers leave to file a third amended complaint for the unresolved claims affected by the 2022 final rule of the U.S. Department of Labor's prevailing wage finding methodologies, as their lawsuit claims that the agency made policy changes that drastically lowered the minimum wage of farmworkers in the H-2A temporary agricultural visa system. The farm workers contend that the agency is not prejudiced by a third amended complaint that includes already known facts, and the government department does not object to challenges to discrete aspects of its new prevailing wage finding methodology.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: July 27, 2023, Case #: 1:20cv3241, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Government, Labor
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J. Windhorst finds that the trial court properly granted a driver's motion to reinstate his license after being arrested for drunk driving. The driver requested an administrative hearing to contest the Office of Motor Vehicle's decision to disqualify him from operating a commercial motor vehicle for one year. In this case, the Office did not show that the police officer had reasonable grounds to believe that the driver had been driving under the influence of alcohol at the time of the traffic stop. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: July 26, 2023, Case #: 22-CA-374, Categories: administrative Law, Licensing, Contract
J. Tigar grants summary judgment to the asylum-support organizations in their suit seeking to overturn a rule which applies a presumption of asylum ineligibility to noncitizens who travel through a country other than their home country before entering the United States from Mexico. The rule is contrary to law because its presumption is based on criteria that Congress expressly intended should not affect access to asylum when passing the relevant law. It is also arbitrary and capricious, since it relies on the availability of other pathways for migration to the United States and explains the scope of its exceptions by reference to the availability of other, often unavailable exceptions.
Court: USDC Northern District of California, Judge: Tigar, Filed On: July 25, 2023, Case #: 4:18cv6810, NOS: Other Immigration Actions - Immigration, Categories: administrative Law, Immigration
J. Zilly dismisses the association's claim that U.S. Secretary of Transportation Pete Buttigieg and other federal individuals violated the Administrative Procedure Act by not preparing an environmental impact statement for a project that will add an express toll lane in each direction of I-405 between SR 522 and SR 527. The association does not show that the results for the project's "Build" and "No Build" alternatives would differ from each other if the growth projections related to the "Preferred Middle Ground" alternative were used to repeat the level of service analysis.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: July 25, 2023, Case #: 2:21cv1694, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Transportation
J. Dowd finds that the lower court properly dismissed the medical providers' suit against employers who failed to pay medical bills for their injured workers as required by workers compensation laws. The Division of Workers' Compensation has the exclusive authority over disputes relating to charges incurred for medical care provided under the Workers Compensation Act. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd , Filed On: July 25, 2023, Case #: ED110859, Categories: administrative Law, Jurisdiction, Workers' Compensation
J. Baca withdraws a previous opinion and substitutes this one finding that an administrative panel ruled correctly in granting an oil and gas company tax credits after the New Mexico Taxation Revenue Department initially denied them. The TRD argued the tax credits were inappropriate on the basis that the company was allegedly performing substandard and inaccurate accounting, but "substantial evidence" shows that the company "used the same cost accounting method" in applying for the tax credit and for other business purposes. Affirmed.
Court: New Mexico Court of Appeals, Judge: Baca, Filed On: July 25, 2023, Case #: A-1-CA-38779, Categories: administrative Law, Government, Tax
J. Reilly reverses the human services commissioner's decision determining that the healthcare provider was responsible for overpayments of Minnesota Health Care Programs funds. Monetary recovery of such funds is only possible under state law when a healthcare vendor is improperly paid as a result of "abuse," and the commissioner did not make an adequate showing to that effect. The commissioner did not, however, improperly delegate her authority by allowing the director of the department's appeals office to author the department's opinion. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Reilly, Filed On: July 24, 2023, Case #: A22-1688, Categories: administrative Law, Health Care
J. Kruger holds that the administrative court mistakenly concluded that outreach costs incurred by a Medicaid provider were for unreimbursable advertising. The findings showed that the outreach activities were intended to increase patient awareness and access, which are not categorically unreimbursable activities for a federally qualified health center. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: July 24, 2023, Case #: S270326, Categories: administrative Law, Medicaid
J. Tunheim partially grants the farmers' motion for attorneys' fees and costs in their suit against the Department of Agriculture in their successful suit for revenue insurance coverage for kidney bean prices. The farmers are eligible for fees as the prevailing party and the administration's pre-litigation and litigation positions were not substantially justified, but the attorneys' requested $350 hourly rate is somewhat higher than appropriate and is reduced to $325. The award is also reduced by 20% to account for a fifth plaintiff who did not show eligibility, but no further.
Court: USDC Minnesota, Judge: Tunheim, Filed On: July 24, 2023, Case #: 0:18cv1574, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Attorney Fees
J. Boulware Eurie finds that the New Motor Vehicle Board properly approved the establishment of a new Honda dealership less than 10 miles from an existing Honda dealership. The Board was allowed by statute to rely on the car manufacturer's dealer performance standards when considering the likely impact on the existing dealer. The new dealership's peremptory challenge to the first administrative law judge who was assigned to hear the existing dealer's protest was allowed by the Board regulations. The Board was not required to entertain the existing dealer's late request to take official notice of Covid-19 effects on the sales environment. Affirmed.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: July 24, 2023, Case #: C095058, Categories: administrative Law
J. Horst finds that the Occupational Safety and Health Appeals Board properly allowed the Division of Occupational Safety and Health to amend a serious accident citation to include an additional violation. The Labor Code allows amendments to an action or appeal after it has been submitted for decision, and the Division is allowed to plead in the alternative. Also, the site where a worker fell 10 feet to the concrete below could be construed as either an unprotected stairwell or floor opening, either of which required railings and toeboards or worker fall protection. Affirmed.
Court: California Courts Of Appeal, Judge: Horst, Filed On: July 24, 2023, Case #: C096386, Categories: administrative Law
J. Pitman issues a preliminary injunction preventing the Texas Education Agency from enforcing some state employment requirements after the agency was sued by the spouse of a military member for violations of the Servicemembers Civil Relief Act for allegedly failing to recognize the "portability" of her school-counselor licensure from another state. The spouse has not only shown that she was harmed by these alleged failures but also that a "balance of equities" supports this finding because while Texas "undoubtedly has a strong interest in regulating the qualification and licensure of its educators," forcing compliance with the SCRA on this matter would result in "limited encroachment" on Texas' "regulatory authority."
Court: USDC Western District of Texas , Judge: Pitman, Filed On: July 21, 2023, Case #: 1:23cv551, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Education, Government
J. Wright denies an individual's motion for summary judgment and affirms the decision of the Army Board for Correction of Military Records regarding the individual who is "seeking an upgrade of his discharge characterization" and review of Army Board findings. The individual was discharged from the Army for "fraudulent entry" for failing to disclose that he had been investigated for marriage fraud to obtain a visa. The Correction Board did not err in refusing to amend the reasons for the individual's discharge or for refusing to upgrade his character of service to "honorable."
Court: USDC Central District of California, Judge: Wright, Filed On: July 20, 2023, Case #: 2:22cv1905, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Military
J. Treadwell grants the government's motion to dismiss the companies' action under the Administrative Procedures Act alleging that the government failed to fund their applications for relief under the Restaurant Revitalization Fund because their owner was a woman. The government stopped processing applications it originally prioritized for claims by women, veterans and disadvantaged people after two lawsuits challenged the constitutionality of the practice. The fund has no money remaining for new awards and expired in March 2023, therefore the companies' requested relief is moot.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: July 20, 2023, Case #: 5:21cv221, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, Government, Covid-19
J. Gettleman grants the U.S. Immigration Service’s motion for summary judgment on six civil rights claims brought by a group of tax-exempt religious institutions, while denying the religious institutions’ motion for summary judgment on the same claims. U.S. immigration law since 1991 has forbidden foreign-born religious workers from applying for their green cards concurrently with their employers filing paperwork to confirm them as religious workers. Other categories of foreign workers can file for green cards at the same time as their employers file the corresponding paperwork. The religious institutions claim the discrepancy infringes on religious freedom protections by placing undue time constraints on foreign-born ministers’ visas, and risking interruption of the religious services they provide. The court rejects this argument for a number of reasons, including by denying that plaintiffs have been substantially burdened by the ban on concurrent filing, and by arguing that visa pressure does not prohibit foreign-born ministers from expressing their faith.
Court: USDC Northern District of Illinois, Judge: Gettleman, Filed On: July 20, 2023, Case #: 1:21cv3650, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, Immigration, First Amendment
J. Kamins finds the Employment Relations Board properly ruled that the University of Oregon violated the duty to bargain in good faith with the union that sought information regarding complaints made by the employees it represents. The University violated the duty by "redacting, and thereby withholding from [the Union], objective, factual information, including statements by bargaining unit employees concerning workplace complaints." Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 19, 2023, Case #: A177809, Categories: administrative Law, Employment, Labor
J. Dever remands to the North Carolina Division of Motor Vehicles a case filed by 46 Ford dealers against Ford Motor Co. pertaining to the company's Model e Program, a voluntary program that allows dealers to invest in Ford's manufacture of more electronic vehicles the dealers say violates state licensing laws. The dealers' petition, filed with the commissioner, was not a civil action subject to removal, and state interests outweigh federal interests.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: July 18, 2023, Case #: 5:23CV167, NOS: Other Contract - Contract, Categories: administrative Law, Licensing, Vehicle
[Consolidated.] J. Katsas upholds the dismissals of six individuals' actions seeking compensation from a fund for non-French nationals who were deported from France to concentration camps during the Holocaust. The Administrative Procedure Act does not provide them a cause of action, as the Department of State has discretion to administer the fund.
Court: DC Circuit, Judge: Katsas, Filed On: July 18, 2023, Case #: 22-5068 , Categories: administrative Law, Agency
J. Baker holds that the district court properly refused to grant an insurer a writ of prohibition to halt proceedings by the insurance commissioner. The insurance commissioner had quasi-judicial authority and jurisdiction under law to investigate a dispute between insurers and to demand policy data in a usable form. Federal litigation over contract claims between the insurers did not preclude the commissioner's administrative proceedings. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: July 18, 2023, Case #: DA 22-0531, Categories: administrative Law, Discovery, Workers' Compensation
J. Goldberg finds that the trial court improperly dismissed claims challenging the decision denying a refund exceeding $4.2 million for motor fuel taxes assessed on the purchase and sale of 300,000 barrels of oil. The decision imposing the tax after denying plaintiff a certificate as a motor fuel distributor provided standing, and the parties to the settlement lacked incentive to challenge the tax, since plaintiff was required to reimburse such under the terms of the contract. Meanwhile, the doctrine of administrative finality did not apply because such requires denial of the initial application for tax relief.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: July 14, 2023, Case #: 21-116, Categories: administrative Law, Settlements, Tax
J. Brennan finds that the lower court properly denied the disabled firefighter's application for the payment of his health insurance premiums. The hearing officer did not revisit the pension board's finding that the firefighter suffered a catastrophic injury. Rather, he determined that the injury - slipping on ice - did not arise out of the firefighter's essential duties. Affirmed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: July 14, 2023, Case #: 220365, Categories: administrative Law, Pensions