597 results for 'cat:"Administrative Law"'.
J. Kacsmaryk finds that a case in which a mortgage association secured a loan from a bank with Home Equity Conversion Mortgage collateral and then declared that collateral agreement unenforceable, survives the mortgage association’s motion to dismiss. The bank’s claims in this case cannot be eliminated by statutory, regulatory or contractual elements and there is no legal barrier preventing claims of “interference with property rights” under Texas law.
Court: USDC Northern District of Texas , Judge: Kacsmaryk, Filed On: April 3, 2024, Case #: 2:23cv156, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Interference With Contract, Banking / Lending
J. finds the district court properly dismissed this suit alleging the board of education underfunded certain schools. The repayment audit was not performed by a state-approved auditor, and the school districts' filings raised an issue of standing. The school districts failed to establish they commenced their action before the lapse of state aid appropriations from which they sought additional funds. The school districts did not show funds they sought are based on appropriations that have not lapsed. Affirmed.
Court: Oklahoma Supreme Court, Judge: Winchester , Filed On: April 2, 2024, Case #: 121581 , Categories: administrative Law, Education, Municipal Law
Per curiam, the circuit dismisses the suit by the former municipal airport authority commissioners who sought to enjoin a new law abolishing the municipal authority and replacing it with a regional authority. No commissioners originally intervening in this lawsuit are still in office, and no current commissioners are party to the suit. The former commissioners no longer stand to lose their seats and have no personal interest in the dispute.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 2, 2024, Case #: 21-60312, Categories: administrative Law, Municipal Law, Jurisdiction
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Per curiam, the Oklahoma Supreme Court approves the bar's application to approve attorney Christopher Roberts Kelly's resignation. The bar's investigation into the attorney involved complaints of his failure to timely perform legal work after being paid a retainer, as well as his having been suspended from legal practice in another state. Kelly's affidavit of resignation reflects he voluntarily renders his resignation, was not coerced and is aware of the consequences.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: April 1, 2024, Case #: SCBD-7628, Categories: administrative Law, Legal Malpractice, Attorney Discipline
J. Davila finds in favor of the U.S. Patent and Trademark Office after Apple and other tech companies sought to challenge a new rule regarding the "NHK-Fintiv standard," which relates to how petitions are considered for inter partes review. After a series of dismissals and appeals, the only claim that remains to be settled is a claim from the tech companies that say the Patent and Trademark Office installed the new standard without going through the proper notice-and-comment rulemaking period. The new standard, however, is not a "substantive" rule, and as a result, the notice-and-comment period was not required.
Court: USDC Northern District of California, Judge: Davila, Filed On: March 31, 2024, Case #: 5:20cv6128, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Trademark
J. Kelly grants the hospital's motion for summary judgment in its suit against the Secretary of Health and Human Services challenging an administrative finding that the Provider Reimbursement Review Board could not review the hospital's full-time equivalent resident cap for the years from 2004-2007, in which it inadvertently omitted four programs from reimbursement calculations. The Board's decision was based on a flawed reading of the Medicare Modernization Act. The hospital's full-time equivalent resident cap was not an unreviewable "determination" made by the Secretary. Even if it was, the 2006 and 2007 caps are not precluded from review, since the Secretary only used the hospital's 2002 cap in determining the hospital's "otherwise applicable resident limit."
Court: USDC District of Columbia, Judge: Kelly, Filed On: March 30, 2024, Case #: 1:20cv3160, NOS: Medicare Act - Contract, Categories: administrative Law, Health Care
J. Moss denies the Bureau of Land Management and State of Utah's motions for partial dismissal and partially grants their motions for summary judgment in the animal activist group's action challenging their management plans for wild horse populations, and partially grants the activist group's motion for summary judgment. The four ten-year plans the group challenges are set aside insofar as they purport to authorize new gathers of wild horses after achieving "appropriate management levels," but the group's challenge to a specific 2021 gather in the Onaqui Mountain Herd Management Area is moot, its challenge of the ten-year gather plans themselves under the National Environmental Policy Act fails because the Bureau sufficiently analyzed them under NEPA, and its claim that the Bureau departed from prior policy without an explanation does not identify a specific requirement that the bureau has failed to meet. All these are therefore dismissed.
Court: USDC District of Columbia, Judge: Moss, Filed On: March 30, 2024, Case #: 1:18cv2029, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Environment
J. Blackwell dismisses the doctor and former gubernatorial candidate's suit alleging that the Minnesota Board of Medical Practice sought to chill his speech by investigating complaints against him for his comments on the Covid-19 pandemic and the incumbent governor's response to it. The candidate has not established an injury in fact, since he has not alleged any instances in which the board's investigations prevented him from speaking on those topics. His challenges to Minnesota statutes granting the board regulatory authority also fail since he has not identified how he was impacted by the statute in ways different from third parties. He also has not adequately pleaded that he suffered differential treatment during the investigation process.
Court: USDC Minnesota, Judge: Blackwell, Filed On: March 29, 2024, Case #: 0:23cv1689, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, Civil Rights, Constitution
J. Contreras partially dismisses a former Veterans Affairs labor management relations specialist’s civil rights claims arising from VA’s termination of his remote work agreement, decision to transfer him from a Texas facility to an Arkansas one, and denial of a pay raise. His failure to accommodate claim fails because he did not specify what accommodations he needs or requested; he failed to allege causation for his disability discrimination claim; he succeeded in arguing that he may have been discriminated against when he wasn't chosen for a labor specialist role, however.
Court: USDC District of Columbia, Judge: Contreras, Filed On: March 29, 2024, Case #: 1:22cv3209, NOS: Employment - Civil Rights, Categories: administrative Law, Jurisdiction, Medicare
J. Tunheim grants motions for summary judgment brought by the EPA, state regulators and major iron and steel industry players in the Native American bands' suit alleging that the agency failed to consider impacts on wild rice and fish protected by treaty rights when it approved Minnesota's 2021 water quality standards. The agency's decision was based on science and data in which it and one of the state regulators are experts, and therefore its decision was not arbitrary or capricious. Minnesota's alleged struggles to implement and enforce those standards are also not a factor that the agency must consider in deciding whether to approve them.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 29, 2024, Case #: 0:22cv1783, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Environment, Native Americans
J. Contreras offers a mixed bag to both the National Parks Conservation Association and the Department of the Interior, which the association is suing for allegedly failing to protect Florida’s Biscayne National Park. ON the one hand, the federal government has delayed the implementation of a marine reserve zone for too long, but on the other, it has not issued a final agency action that the court can review for being arbitrary and capricious. The association is owed FOIA attorney fees. The government is ordered to propose a zone designation as soon as it can.
Court: USDC District of Columbia, Judge: Contreras, Filed On: March 29, 2024, Case #: 1:20cv3706, NOS: Environmental Matters - Other Suits, Categories: administrative Law, Environment, Agency
J. Jackson dismisses, for lack of subject matter jurisdiction, three hospitals’ lawsuit against the Department of Health and Human Services for how it calculated the funds due to the hospitals under Medicare’s disproportionate share hospital adjustment. The hospitals did not exhaust their administrative remedies before suing.
Court: USDC District of Columbia, Judge: Jackson, Filed On: March 29, 2024, Case #: 1:22cv2272, NOS: Medicare Act - Contract, Categories: administrative Law, Jurisdiction, Medicare
J. Tuchi grants the government's motion to dismiss due process rights claims brought by an attorney who cultivates psilocybin mushrooms, marijuana, and coca leaves. The government sufficiently showed in court that the attorney has failed to establish a protected liberty or property interest.
Court: USDC Arizona, Judge: Tuchi, Filed On: March 28, 2024, Case #: 2:22cv1224, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, Government, Due Process
J. Hoyle finds the trial court improperly granted the county's plea to the jurisdiction, dismissing this suit. The game room operator alleged the county unconstitutionally enacted regulations requiring that game rooms obtain a license. Though sovereign immunity bars Declaratory Judgment Act actions against the state absent a waiver, the Act also allows persons to challenge the validity of ordinances or statutes. Because the county may be bound by a court’s declaration on those ordinances or statutes, they must be “joined in suits to construe their legislative pronouncements.” Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00231-CV, Categories: administrative Law, Licensing, Immunity
J. Du grants the animal rights activists' motion for summary judgment. The activists allege the U.S. Bureau of Land Management, Department of the Interior, and the Nevada Bureau of Land Management violated the Wild Free-Roaming Horses and Burros Act and the National Environmental Policy Act by a recent roundup of wild horses. Reducing livestock grazing to increase wild horse management levels was not reasonable because it would have undermined the roundup's stated purpose to “prevent undue... degradation...and to restore ecological balance.” The bureau must prepare a herd management area plan and reanalyze foreseeable effects and significance of its roundup alternatives on wildfire risks.
Court: USDC Nevada, Judge: Du, Filed On: March 28, 2024, Case #: 3:22cv34, NOS: Environmental Matters - Other Suits, Categories: administrative Law, Environment, Agency
J. Cobb grants the Department of Justice's motion to dismiss the employee's action seeking enforcement of a decision by the Equal Employment Opportunity Commission's Office of Federal Operation, which had been reversed by the Commission itself three months prior. The employee has failed to exhaust her administrative remedies, namely because she has failed to obtain an order of agency noncompliance and because the order has been reversed. Her claim for money damages is precluded by the availability of an action under Title VII of the Civil rights Act, and she has failed to state a claim against several named officials in their individual capacities.
Court: USDC District of Columbia, Judge: Cobb, Filed On: March 28, 2024, Case #: 1:20cv1154, NOS: Employment - Civil Rights, Categories: administrative Law, Employment
J. Worthen finds the trial court properly found for a water district. The property owner declined the district's offer to purchase an easement across a portion of their property containing a water well and the district then filed a condemnation petition. After the owner declined to respond for more than three years, the trial court granted summary judgment to the district, vesting it with the property rights, and awarding the owner $29,000. The owner made no objection at trial to the alleged deficiencies in the affidavit asserting no bona fide offer was made from the county. The owner has failed to preserve the arguments about the affidavit’s defects. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: March 28, 2024, Case #: 12-23-00254-CV, Categories: administrative Law, Property, Water
J. Darrow grants a group of estate administrators, police departments, and City of Peoria's motion for summary judgment concerning a deceased former inmate who's conviction was vacated for new evidence. The group sufficiently showed in court that the deceased former inmate's estate administrator agreed to a binding settlement in 1973, which precludes new claims against them.
Court: USDC Central District of Illinois, Judge: Darrow, Filed On: March 27, 2024, Case #: 1:18cv1161, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, Evidence
J. Ellis finds that the lower court properly dismissed a deputy's suit for an award of back pay for a period of unpaid suspension exceeding 180 days after he was arrested for an off-duty incident. The deputy's exclusive remedy is via the administrative procedures available to him. Affirmed.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: March 26, 2024, Case #: 221837, Categories: administrative Law, Employment