596 results for 'cat:"Administrative Law"'.
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
J. Gaertner finds that the commission improperly made three unemployment overpayment determinations against a waitress who claimed unemployment during the Covid-19 pandemic. The record is unclear when the commission mailed its overpayment determination to the waitress, so her appeals to the administrative tribunal cannot be found untimely. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: March 26, 2024, Case #: ED111479, Categories: administrative Law
J. Pallmeyer denies an insurance agency association’s motion for summary judgment, but grants the U.S. Department of Housing and Urban Development’s cross-motion for summary judgment, in this decade-old suit over whether insurers can be sued under the Fair Housing Act for making policy decisions based on risk that disparately impact people of color and other marginalized groups. A decade ago, the Housing Department decided insurers should face that legal liability, a decision insurers called “capricious” and the court found warranted further analysis. The Housing Department made the same decision last year, but this time it sufficiently backed up its conclusion to address the court’s concerns.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: March 26, 2024, Case #: 1:13cv8564, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Insurance, Equal Protection
[Consolidated.] J. Randolph vacates the National Labor Relations Board's decision a produce company committed two unfair labor practices during "two brief workplace incidents." The board did not have substantial evidence to "support a reasonable inference that something nefarious was afoot." Vacated.cv
Court: DC Circuit, Judge: Randolph, Filed On: March 26, 2024, Case #: 23-1100, Categories: administrative Law, Labor / Unions
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J. Rogers denies UPS’s petition for review challenging the Postal Regulatory Commission’s formula for the appropriate share of USPS’s institutional costs to be covered by USPS’s competitive services, like package delivery. The commission acted reasonably and fully explained its conclusions.
Court: DC Circuit, Judge: Rogers, Filed On: March 22, 2024, Case #: 23-1006 , Categories: administrative Law
J. Wilson vacates the Environmental Protection Agency's order prohibiting the plastic container manufacturer from producing toxic long-chain perfluoroalkyls through its fluorination process. The EPA exceeded its statutory authority, and it may not skirt Administrative Procedure Act framework by arbitrarily deeming the company's decades-old fluorination process a “significant new use.” Reversed.
Court: 5th Circuit, Judge: Wilson , Filed On: March 21, 2024, Case #: 23-60620, Categories: administrative Law, Environment, Agency
J. Kelly certifies question to the Oklahoma Supreme Court whether the state attorney general can “take and assume control” from the governor, who was sued in his official capacity, to defend the state’s interests against four tribes’ challenge to the validity of certain tribal gaming compacts. The district court poses the question on its own initiative and, thus, denies the attorney general’s motion to certify the question as moot.
Court: USDC District of Columbia, Judge: Kelly, Filed On: March 21, 2024, Case #: 1:20cv2167, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Civil Procedure
J. Shea holds that the district court properly found that statutory savings and retroactivity clauses did not apply to an electric utility's 2015 and 2016 applications for Community Renewable Energy Project waivers. It also properly found that the public service commission erred in granting the utility a waiver of its Project obligation for 2015. However, further proceedings are needed to determine whether the commission properly waived its Project obligation for 2016 and whether the utility must pay a penalty. Vacated in part.
Court: Montana Supreme Court, Judge: Shea, Filed On: March 19, 2024, Case #: DA 22-0436, Categories: administrative Law, Energy
Per curiam, the appellate division finds that the lower court properly granted the city housing department's motion to dismiss the property owner's suit seeking to relitigate the question of whether the department could be compelled to issue a cure completion certificate. The property owner agreed to submit to the department's discretion on this issue under the cure agreement, and the issue is therefore barred by res judicata. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 19, 2024, Case #: 01501, Categories: administrative Law, Housing
J. Young finds that the court of appeals improperly ruled against the city of Dallas in a case concerning whether the city has the authority to implement term limits on the city's retirement fund board of directors. The city's term limits provision is a separate ordinance affecting another ordinance. Because the city did not amend the original ordinance, the board has no power to challenge the term limits. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: March 15, 2024, Case #: 22-0102, Categories: administrative Law, Government, Municipal Law
J. Oldham finds the district court improperly granted summary judgment to the law firm, which had been hired by the state of Louisiana to recover double payments made in a home repair grant program from which the octogenarian homeowners whose houses were damaged in hurricanes had potentially received double payments. An agreement cited by the firm allows for recuperation only where the grant recipient receives future payments after signing the program's suite of contracts. It provides no fee-shifting remedy against these recipients, who received payments before signing. Reversed.
Court: 5th Circuit, Judge: Oldham , Filed On: March 15, 2024, Case #: 22-30487, Categories: administrative Law, Debt Collection, Banking / Lending
[Consolidated.] Per curiam, the court of appeals denies the petitions for mandamus to compel the Conroe city secretary to reject certain applications to appear on the city's general election ballot. Petitioners say the applications are deficient in terms of signatures and certifications, but they have not made factual determinations and have not shown entitlement to relief.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: March 15, 2024, Case #: 09-24-00091-CV, Categories: administrative Law, Elections, Municipal Law
J. Steigmann finds that the Board properly entered a final order for a set of state-wide standards regulating the storage and disposal of coal ash in surface impoundments, rejecting several energy companies' objections. The Board did not act arbitrarily by adopting a requirement for monthly groundwater monitoring, and by requiring an operator who elects to close an impoundment to remove containment system components such as the impoundment liner and contaminated subsoils. Affirmed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: March 14, 2024, Case #: 210304, Categories: administrative Law, Energy, Environment
J. Bradley finds the labor appeals agency properly concluded that the Catholic charities group and its four sub-entities must contribute unemployment taxes to the state unemployment insurance system. State law requires an examination of both an organization's motivations and activities to determine if it is "operated primarily for religious purposes," and such an examination of the group and its sub-entities shows they are not operated primarily for religious purposes and are therefore not exempt from unemployment taxes. The group and its sub-entities have not proven beyond a reasonable doubt that the relevant statute as applied to them violates the First Amendment or the Wisconsin Constitution. Affirmed.
Court: Wisconsin Supreme Court, Judge: Bradley, Filed On: March 14, 2024, Case #: 2020AP002007, Categories: administrative Law, Constitution, Tax
J. Hudson adopts in part the Minnesota Board of Law Examiners' recommendations regarding the Minnesota bar examination, and directs an Implementation Committee to "further explore a supervised practice-based pathway for assessment."
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: March 13, 2024, Case #: ADM10-8008, Categories: administrative Law
J. Griesbach grants the motion to dismiss from the members of the state elections commission in a lawsuit from an "election integrity" group claiming the members unlawfully dismissed the group's two administrative complaints claiming violations of the Help America Vote Act through mishandling overseas absentee votes and improperly maintaining Wisconsin's voter registration database. The group has failed to establish Article III standing because they have proven no concrete harm, but their complaint will be dismissed without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: March 13, 2024, Case #: 1:23cv1416, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, Elections