596 results for 'cat:"Administrative Law"'.
J. Gravois finds that the trial court should not have granted the Board of Examiner's exception of no cause of action on a river boat pilot's claim that he was improperly forced into retirement. While Act 902 of 2004 may have established a mandatory retirement age for river pilots, the statute neither confers nor denies a right of action to a commissioned river pilot aggrieved by the alleged actions of the Board. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-CA-519, Categories: administrative Law, Employment, Contract
J. Spain finds that the trial court improperly reversed the decision of the civil service commission that upheld the suspension of a fire department district chief stemming from alleged misconduct during a public-relations event with pro basketball players. The district chief allegedly witnessed a player driving a fire station high-water vehicle with the lights and siren turned on. There was substantial evidence that the district chief did not report the violations. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: May 23, 2023, Case #: 14-21-00570-CV, Categories: administrative Law, Employment, Evidence
J. Zimmerman finds that while the zoning officials and trustees were not members of law enforcement or prosecuting attorneys and improperly issued search warrants for the property owner's farm, the lower court properly dismissed the owner's complaint. The evidence used to obtain the warrants gave the officials probable cause to conduct the administrative searches. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 22, 2023, Case #: 2023-Ohio-1704, Categories: administrative Law, Constitution, Zoning
J. Alston grants the technology company's motion for an injunction to bar the Navy from accessing, disclosing, or otherwise using the database schema for any purpose other than the normal use of the technology company's software. Naval employees uploaded the private software used to run diagnostics on aircraft carriers onto public websites in violation of the company's copyright rights.
Court: USDC Eastern District of Virginia, Judge: Alston , Filed On: May 19, 2023, Case #: 1:23cv478, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Military, Injunction
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J. Brown finds that the district court should not have denied accountants' petition for judicial review of an adverse administrative decision by the board. In this case, the record does not contain the administrative proceedings, the final decision of the board or any evidence supporting the Board’s finding. Therefore, this court cannot conduct a de novo review of the final decision. Reversed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: May 19, 2023, Case #: 2022-CA-0727, Categories: administrative Law, Civil Procedure
Per curiam, the appellate division finds that the lower court improperly denied the property owner's motion for a temporary license to access an adjoining property to install rooftop and chimney protections on its building. The property owner established that the access was necessary to finish the building's facade, and that the neighbor had denied it access to their property after extended negotiations. The appropriate remedy was not to deny the property owner's motion outright, but to resolve the parties' safety dispute at a hearing. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 18, 2023, Case #: 02748, Categories: administrative Law, Property
J. Harris finds the district court properly entered summary judgment in favor of the law firm in this suit brought by one of its lawyers who disputes his share of a contingency fee received in a trade secrets case. The firm deposited $1 million into the lawyer’s account and asked him to sign a release of all claims. He refused to sign the release, keeping the money and continuing to work at the firm. All evidence shows that the lawyer failed to return the funds within a reasonable time and made no effort to even after filing suit. There is no error in the conclusion that the lawyer’s actions constitute acceptance of the accord and satisfaction as a matter of law. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: May 18, 2023, Case #: 20210591-CA, Categories: administrative Law, Attorney Fees, Contract
[Consolidated.] J. Pritzker finds that the lower court properly denied a preliminary injunction to block implementation of new regulations on siting renewable energy plants with an eye toward speeding up the review process. The regulations, rooted in zero emissions climate goals, were challenged by localities on home rule grounds, but the state legislature may preempt local laws on matters of state concern, which encompass energy infrastructure. Meanwhile, the agency put in charge of the regulations took a hard look at potential environmental impacts before authorizing them. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: May 18, 2023, Case #: 534318, Categories: administrative Law, Energy, Environment
Per curiam, the appellate division finds that the lower court properly granted the housing corporation's petition to annul a city water bill for unbilled service going back four years submitted after the city realized it had been billing the corporation for only 706 of its 988 units. The bill was not for unbilled service, but for under-billed service, which is subject to a two-year limitation period. The matter must be resubmitted for a recalculation of the corporation's bill. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 17, 2023, Case #: 02659, Categories: administrative Law, Water
Per curiam, the Supreme Court of Ohio finds the appeals court properly vacated the commission's denial of workers' compensation death benefits to the employee's fiancée. Although they were not married, she could still be considered a surviving family member under Ohio law as the mother of his two children. Therefore, the case must be remanded to allow the commission to consider whether her 11-year relationship with the decedent and the couple's intentions to be married prior to his death qualifies her as a surviving family member. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 17, 2023, Case #: 2023-Ohio-1620, Categories: administrative Law, Workers' Compensation
J. Holdridge finds that the lower court properly upheld the department's decision to suspend the doctor's medical license for 18 months after he entered into a $900,000 malpractice settlement for the death of a patient following a lipoplasty procedure. There is no basis for the doctor to claim that he did not receive due process during the department's procedure.
Court: Illinois Appellate Court, Judge: Holdridge, Filed On: May 16, 2023, Case #: 220095, Categories: administrative Law, Medical Malpractice
J. Mitchell finds that the lower court properly found for the city on a man's appeal of his conviction for maintaining a nuisance by operating a salvage and demolition business in violation of a city ordinance. However, the court erred by awarding $8,000 in attorney's fees to the city because the law does not allow recovery of attorneys fees in this kind of action. Affirmed in part.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: May 16, 2023, Case #: WD85487, Categories: administrative Law, Attorney Fees
[Consolidated.] J. Baca finds that an administrative hearing correctly concluded that an oil and gas services company was entitled to tax credits under the Technology Jobs and Research and Development Tax Credit Act after New Mexico tax authorities had previously denied the company those credits. Tax authorities argued on appeal that the company had not followed legal requirements for obtaining the credits, including using a “cost accounting methodology to allocate wages,” but the company presented evidence to show it was entitled to the credits and nothing in the record suggests the administrative hearing made legal errors. Affirmed.
Court: New Mexico Court of Appeals, Judge: Baca, Filed On: May 16, 2023, Case #: A-1-CA-38779, Categories: administrative Law, Tax, Business Practices
J. Donovan finds that the superior court correctly determined that defendant’s planning board was right to approve a site plan allowing a developer to work on and consolidate two pieces of land. Plaintiffs failed to present a strong argument that the development would make a regional impact or that its approval would break any laws. Affirmed.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: May 16, 2023, Case #: 2021-0410, Categories: administrative Law, Construction, Zoning
J. Phillips finds that the lower court properly dismissed claims from the Audubon of Kansas that sought to protect its water rights connected to the Quivira Wildlife Refuge. While it is "understandably" frustrating to see how water rights over the refuge have been managed over the years, the claims must be dismissed on two grounds: the claims are moot because an agreement at the heart of the dispute has expired, and this court lacks jurisdiction under the Administrative Procedure Act. Affirmed.
Court: 10th Circuit, Judge: Phillips, Filed On: May 15, 2023, Case #: 21-3209, Categories: administrative Law, Water
J. Crytzer grants the individual plaintiff's motion for a preliminary injunction in this lawsuit challenging the state's sex offender registration laws. The court finds that the current law "likely violates the Ex Post Facto Clause," based on the practical effect of its requirements, as well as binding precedent. Accordingly, the individual should be removed from the registry.
Court: USDC Eastern District of Tennessee , Judge: Crytzer, Filed On: May 12, 2023, Case #: 3:22cv438, NOS: Constitutionality of State Statutes - Other Suits, Categories: administrative Law, Civil Rights
J. Elrod finds the district court properly ordered a group of Mississippi legislators to produce a privilege log after it entered a lawsuit opposing a new law abolishing the Jackson Municipal Airport Authority, replacing it with a regional authority for which not all commissioners are selected by Jackson city government. A privilege log is necessary to determine which documents and communications are protected by legislative privilege, though the court did err in broadly holding that legislative privilege was automatically waived for documents shared with third parties. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Elrod, Filed On: May 10, 2023, Case #: 21-60312, Categories: administrative Law, Due Process, Discovery
J. Belsome finds that the Civil Service Commission properly upheld an employee's demotion in a case where the employee's position in Support Services was probationary and subject to a one-year working test period. Since the employee was demoted before the end of her working test period, she was not yet a "regular employee" and had no right to a general disciplinary appeal of her demotion. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: May 10, 2023, Case #: 2022-CA-0747, Categories: administrative Law, Employment, Evidence
J. Windhorst finds that the trial court properly dismissed the Louisiana Motor Vehicle Commission's administrative adjudication against an auto seller for improperly engaging in the business of making consumer loans. Although it is undisputed that the auto seller is a used car dealer and does not possess a sales finance license, there is insufficient evidence to show that the auto seller was "making consumer loans." Further, a person who was not a manager or agent of the auto seller without authority created the website that contained a blank credit/loan application. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: May 10, 2023, Case #: 22-CA-197, Categories: administrative Law, Evidence, Banking / Lending
J. Witt finds that the board improperly placed the nurse's license on probation because he plead guilty to a misdemeanor DUI charge. The nurse was caught drinking a beer in his car on the way home after he witnesses a 19-year-old die of Covid-19 during the pandemic. This crime is not a crime of moral turpitude. If the board wishes to punish the nurse for multiple DUIs, it must follow the statutory procedure for doing so. Reversed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: May 9, 2023, Case #: WD85529, Categories: administrative Law
J. Rowe suspends attorney Margaret Lowery from the practice of law for 30 days with reinstatement conditioned upon her completion of the Attorney Registration and Disciplinary Commission Seminar ordered by the Illinois Supreme Court. The attorney, in good standing with the Oklahoma Bar, was disciplined in Illinois for making false statements about a judge and for knowingly making false statements during the disciplinary proceeding. The suspension is appropriate, considering the misconduct, aggravating and mitigating factors, and the range of discipline reflected in the case law. Two justices concur in part and dissent in part.
Court: Oklahoma Supreme Court, Judge: Rowe, Filed On: May 9, 2023, Case #: SCBD-7399, Categories: administrative Law, Attorney Discipline
J. Palafox finds a lower court ruled correctly in granting summary judgment to the city of El Paso in a property ownership and tax dispute with 32 citizens sued by the city. Those property owners argued the city failed to give proper notice of alleged delinquent taxes or appraised property values, among other issues, but those property owners were required by the tax code to seek administrative review of alleged lack of proper notice, which they did not do. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 9, 2023, Case #: 08-22-00061-CV, Categories: administrative Law, Government, Tax