597 results for 'cat:"Administrative Law"'.
J. Hassan finds that the trial court improperly overturned the suspension of an individual's driver's license stemming from his arrest for DWI. The driver did not show his "substantial rights were prejudiced" when the administrative law judge erroneously held a hearing via Zoom videoconference instead of having an in-person hearing without the parties' consent. Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: January 11, 2024, Case #: 14-22-00757-CV, Categories: administrative Law, Vehicle, Agency
J. Chambers finds that the lower court properly found the Alcoholic Beverage Control Law requires a beer importer, which acquired its importation rights relating to a particular beer brand directly from the manufacturer, to honor a wholesale distribution agreement entered into by the prior importer of the same beer brand. Under the language of the law, the importer is a "successor to a brew" even where there is no relationship between the prior importer and the new importer. Affirmed.
Court: New York Appellate Divisions, Judge: Chambers, Filed On: January 10, 2024, Case #: 00067, Categories: administrative Law, Commerce
J. Penzato finds that the lower court properly ruled in favor of State Farm in a dispute with the Louisiana Insurance Commissioner over a hurricane duration deductible (HDD) that was applied to homeowners' claims resulting from Hurricane Barry. The commissioner's cease and desist order to State Farm that restricted its application of the HDD to claims was correctly declared invalid since there was no evidence it made any misrepresentations regarding the policy language. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: January 10, 2024, Case #: 2023CA0535, Categories: administrative Law, Government, Insurance
J. Thissen reverses the human service commissioner's order requiring the Medicaid vendor to return overpayments. While the failure to maintain health service records does qualify as "abuse" in connection with the provision of medical care to recipients of public assistance under the relevant statute, the human services department failed to explain why its payments to the vendor were improperly paid as a result of that abuse. Reversed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: January 10, 2024, Case #: A21-1477, Categories: administrative Law, Health Care, Medicaid
Per curiam, the appellate division finds that the city improperly terminated the cashier's employment because the disciplinary hearing was conducted by a supervisor with extensive personal involvement in the alleged misconduct underlying the charged. The supervisor should have disqualified herself from conducting the hearing, so the employee is entitled to a new hearing to be conducted by an impartial decision maker. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 10, 2024, Case #: 00074, Categories: administrative Law, Employment
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J. Jones vacates a jury verdict and $6.5 million penalty against a holdings company and broker following the Commodity Futures Trading Commission's trial against them concerning the broker's discretionary trading for an account over which he had power of attorney in the same markets where he acted as a broker for other clients. The company lacked fair notice of the commission's new interpretation of a rule barring a broker's "taking the other side of orders." The rule applies only to brokers who have a financial interest and not who merely “make the decision to trade opposite the order and execute [that] trade.” Vacated in part.
Court: 5th Circuit, Judge: EOX Holdings Jones, Filed On: January 8, 2024, Case #: 22-20622 , Categories: administrative Law, Securities, Agency
J. Oldham grants a petition for review of a decision by the Department of Energy to tighten regulations for dishwashers and washing machines. It is unclear the department has authority to regulate water use in those appliances. Furthermore, its new rule also fails to adequately consider appliance performance and substitution effects, as well as evidence that conservation standards are actually resulting in more energy and water use. The department must consider remedies short of repeal of existing rules.
Court: 5th Circuit, Judge: Oldham , Filed On: January 8, 2024, Case #: 22-60146 , Categories: administrative Law, Energy, Environment
J. Rogers finds the district court properly dismissed a group's challenge to the Federal Election Commission's dismissal of its campaign finance allegations against two presidential campaign committees. The commission's dismissal is precluded from review because it was based on its prosecutorial discretion. Affirmed.
Court: DC Circuit, Judge: Rogers, Filed On: January 5, 2024, Case #: 22-5339 , Categories: administrative Law, Civil Procedure, Elections
J. Mitchell finds the trial court properly granted the trust's motion for summary judgment. The court quieted title to the land in favor the trust in this suit involving conflicting claims of ownership. Though the party in possession of the land had resided at and improved the property, the owner later executed a warranty deed in favor of the trust, which then recorded this in the land records. Applicable law clearly states that possession does not confer title. Title belongs to the first to file of record. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Mitchell , Filed On: January 4, 2024, Case #: 121212, Categories: administrative Law, Property, Contract
J. Helmick grants the federal government's motion for summary judgment, ruling the administrative review board properly considered all of the evidence presented by both the employer and the government regarding payment of subminimum wages to disabled employees; therefore, its decision was not arbitrary or capricious. Because the board's decision was supported by credible evidence and the employer failed to prove the wages were based only on the productivity of the employees, the employer will pay the full amount of liquidated damages requested by the government to the employees.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: January 4, 2024, Case #: 3:20cv2325, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Government, Labor
[Consolidated] J. Oldham grants the e-cigarette manufacturers' petitions for review of the Food and Drug Administration's denial of their applications for premarket tobacco approval. The FDA sent the manufacturers on a "wild goose chase" of regulatory requirements before pretending "it never gave ... instructions ... [and] imposed new testing requirements without notice." The FDA’s standards for adjudicating premarket tobacco applications are discretionary, the applications being highly fact-specific. Such decisions must turn on the agency's changing understanding of public health requirements and the harmless-error rule does not apply.
Court: 5th Circuit, Judge: Oldham, Filed On: January 3, 2024, Case #: 21-60766, Categories: administrative Law, Commerce
J. Brodie grants summary judgment to the government agency tasked with preserving Fire Island’s seashore lands on claims that it violated a local grocery store operator’s rights under the Administrative Procedures Act. The store’s owner is contesting the agency’s decision to issue him a weekend-only driving permit to allow him to transport provisions through protected seashore lands when the local ferry is out of service due to inclement weather during the winter months. The court finds the agency’s decision, which was based on several factors including the existence of several other grocery stores on the island that help service the island’s inhabitants and workers during the week, was not arbitrary, illegal or capricious.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: January 3, 2024, Case #: 2:20cv6330, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Environment
J. Henderson denies a city's petition for review of the Federal Energy Regulatory Commission's rejection of a power pool proposal regarding the shifting of electricity-related costs to certain customers. The commission properly concluded the city failed to show the rates are just and reasonable.
Court: DC Circuit, Judge: Henderson, Filed On: January 2, 2024, Case #: 22-1205, Categories: administrative Law, Energy
Per curiam, the Ninth Circuit vacates its previous order as moot concerning President Biden’s Contractor Mandate and Executive Order 14042 which has since been rescinded. The matter is remanded to the lower court with instructions to vacate the portion of the orders on appeal addressing all claims based on the Contractor Mandate.
Court: 9th Circuit, Judge: Per curiam, Filed On: December 28, 2023, Case #: 22-15518, Categories: administrative Law, Employment, Covid-19
[Consolidated.] J. Sutton finds the chairman of the Federal Energy Regulatory Commission exceeded the scope of his authority when he requested and obtained a remand from the D.C. Circuit Court to allow the commission to reconsider its prior decisions and ultimately deny the power generation companies' requests for changes to the price caps for reserve supplies. A quorum majority of the commission is required to approve such decisions, and because the power companies were unaware of the chairman's actions until several months later, their objection is timely and the commission's decision will be vacated to allow for a remand of the case.
Court: 6th Circuit, Judge: Sutton, Filed On: December 21, 2023, Case #: 22-3176, Categories: administrative Law, Civil Procedure, Energy
Per curiam, the appellate division finds that the lower court properly denied the former employee's request that a substantiated report of abuse and neglect be sealed. The allegations stated that the employee struck a disabled client with a shovel and/or sprayed disinfectant into his eyes while attempting to restrain him because he had become physically violent. Hearsay evidence can be the basis of an administrative determination. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 20, 2023, Case #: 06524, Categories: administrative Law, Employment
J. Kamins finds the administrative rules that establish the Climate Protection Program, imposing “cap and reduce” regulations on the distribution of fossil fuels and requiring certain large stationary sources to limit their emissions from industrial processes, are invalid. “The rules creating the cap-and-reduce system apply to a Title V source and were adopted without compliance” of the law.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: December 20, 2023, Case #: A178216, Categories: administrative Law, Government
J. Hamilton finds that the lower court properly upheld the Social Security Administration's decision not to award the applicant disability insurance benefits because his insured status for those benefits expired five weeks before he was found to have been disabled. The administrative law judge was not required to consult a medical expert to determine whether the applicant became disabled before the dates of his earliest relevant medical records. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: December 19, 2023, Case #: 22-1972, Categories: administrative Law, Social Security
J. Brady finds for plaintiff, a death doula, in civil rights claims brought after the state sought to terminate her business, which helps individuals plan their own end-of-life ceremonies and burials, on grounds that she is not a licensed funeral director. Settlement terms that preclude plaintiff from performing many services should be put on hold as the case proceeds because the terms likely violate the free speech rights of the business, which cannot operate with the restrictions in place.
Court: USDC Northern District of Indiana, Judge: Brady, Filed On: December 19, 2023, Case #: 1:23cv370, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, Constitution
J. Clement finds the Federal Trade Commission improperly determined the DNA sequencing platform manufacturer's acquisition of its wholly-owned subsidiary cancer research entity violated the Clayton Act and ordered the merger be undone. The commission applied an erroneous legal standard at the rebuttal stage of its analysis, holding the manufacturer to a rebuttal standard that was incompatible with the plain language of the Act, which only prohibits transactions that will substantially lessen competition. Vacated.
Court: 5th Circuit, Judge: Clement, Filed On: December 15, 2023, Case #: 23-60167, Categories: administrative Law, Agency, Technology
J. Fowlkes dismisses the asylum seeker's lawsuit against the U.S. Citizenship and Immigration Services alleging violations of the Immigration and Nationality Act, as well as the Administrative Procedure Act, after he applied for asylum in 2019 and has yet to receive an interview. The court has jurisdiction over the APA claim and determines that the delay in processing his application, though "significant," is not unreasonable.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: December 14, 2023, Case #: 2:23cv2329, NOS: Other Immigration Actions - Immigration, Categories: administrative Law, Immigration
J. Sacks reverses and remands abutters’ claims of nuisance and trespass against a would-be developer, who they believe would pollute their drinking water supply through a proposed septic system, but affirms the granting of permits to the developer. The abutters’ hydrologist’s mass balance analysis is flawed, but even if it was accurate, Title V does not prohibit a septic system from increasing levels of nitrogen in a private well, even beyond the state drinking water standard.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: December 13, 2023, Case #: 22-P-908, Categories: administrative Law, Zoning, Water
Per curiam, the appellate division finds that the lower court properly awarded the contractor $16.4 million against New York State. The contractor completed all steps of the dispute resolution process before filing suit, and reasonably detailed its claim for additional compensation due to multiple delays on reconstruction work on the Staten Island Expressway. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 13, 2023, Case #: 06359, Categories: administrative Law, Damages, Contract
J. Wilson finds that the appellate division properly held that an independent commission could be compelled to reconvene to fulfill its duties to redraw legislative district boundaries following a decennial census. While the group's stalemate along party lines led to the judicial appointment of a special master to accomplish redistricting for elections in 2022, amendments to the state constitution mandated that the commission do the job. Affirmed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: December 12, 2023, Case #: 90, Categories: administrative Law, Elections