41 results for 'cat:"Administrative Law" AND cat:"Civil Procedure"'.
J. Procaccini promulgates amendments to the Minnesota General Rules of Practice for the District Courts and Minnesota Rules of Civil Appellate Procedure as two-year pilot project. The amendments allow for continuances for the purpose of allowing personal leave for attorneys under certain covered circumstances, including the birth or adoption of a child, health conditions, the death of a family member or the need to care for a spouse, household member or family member.
Court: Minnesota Supreme Court, Judge: Procaccini, Filed On: May 1, 2024, Case #: ADM09-8009, Categories: administrative Law, civil Procedure
J. Pucinski finds that the lower court properly dismissed the estate's suit challenging a former correctional officer's termination for punching an inmate in the face. In order to challenge that hearing board's decision based on an alleged illegal composition of the board, the officer was required to assert his challenge while his case was still pending. Affirmed.
Court: Illinois Appellate Court, Judge: Pucinski, Filed On: April 29, 2024, Case #: 221088, Categories: administrative Law, civil Procedure
J. Rivera finds that the appellate division improperly held that changes to for-profit nursing homes' Medicaid rates could not be made retroactively because legislation authorizing the changes to help close a state budget gap specified an April 1 effective date, and new rates were not made retroactive when homes were notified months after federal approval. Meanwhile, the usual 60-day advance notice requirement was not applicable due to the urgency of the fiscal crisis. Reversed in part.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: April 23, 2024, Case #: 31, Categories: administrative Law, civil Procedure, Medicaid
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Per curiam, the court of civil appeals finds that the lower court properly upheld a decision of the Alabama Medical Cannabis Commission to rescind an integrated-facility license. The judgment, which concluded that the commission "had acted within its authority" in rescinding the award, is due to be affirmed, as the the appellant company fails to challenge "the third basis for the judgment in its principal brief." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 19, 2024, Case #: CL-2023-0831, Categories: administrative Law, civil Procedure
J. Shanker dismisses appeals arising from two residents' challenges to spikes in their water bills, believing defective equipment led to the charges. The Office of the People's Counsel, which filed the appeals, lacks standing, as it was not a party to the proceedings before the hearing officer.
Court: DC Court of Appeals, Judge: Shanker, Filed On: April 18, 2024, Case #: 22-AA-0449, Categories: administrative Law, civil Procedure
J. Moss denies the state of Florida's motion for a stay of a prior order granting partial summary judgment to environmental groups in a suit alleging that federal regulators improperly delegated permitting authority to Florida regulators, and denies its motion for final judgment while granting its alternative request for relief in the form of partial final judgment. A limited stay in this case “is neither workable nor desirable,” and would require the Court to develop a program splitting work between different agencies over those agencies’ objections and result in needless redundancy. The final judgment motion is denied because one count, regarding the Army Corps of Engineers’ retained waters list, has remaining controversies to resolve. This count, however, is substantially distinct from the other counts in its legal theory and the administrative record it involves, so final, appealable judgment is entered as to the other counts.
Court: USDC District of Columbia, Judge: Moss, Filed On: April 12, 2024, Case #: 1:21cv119, NOS: Environmental Matters - Other Suits, Categories: administrative Law, civil Procedure, Environment
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. Cochran affirms the Board of Water and Soil Resources' denial of administrative appeals of orders requiring the restoration of wetlands the appellants filled with aggregate and soil. State law authorizes local government units to electronically transmit notices of their decisions unless the recipient has provided a mailing address and specified that they prefer mailing. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Cochran, Filed On: March 11, 2024, Case #: A23-0642, Categories: administrative Law, civil Procedure, Environment
J. Funke finds the Commission of Industrial Relations improperly clarified that corrections unit case managers are included in the protective services bargaining unit. As the bargaining representative for the unit, the police lodge sought clarification after the role of bargaining representative was changed from the association of public employees to the lodge. As supervisors, case managers are excluded from the bargaining unit under the Industrial Relations Act. The commission did not make any findings of fact before effectively giving preclusive effect to the order changing the representative. Reversed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: March 1, 2024, Case #: S-22-748, Categories: administrative Law, civil Procedure, Labor / Unions
J. Doherty finds that the lower court improperly dismissed the hospital's petition for administrative review of the board's decision to issue a permit for a another hospital to build a 28-bed facility in Quincy, Illinois. The moving parties never established the date on which service of the decision occurred because the plaintiff hospital was not entitled to be served with that decision. Therefore, further discovery is needed to determine when the 35-day period to sue began. Reversed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: February 6, 2024, Case #: 230282, Categories: administrative Law, civil Procedure
J. Wood finds that four Iranian nationals who wish to join their family members who have U.S. citizenship cannot appeal the government's denial of their visa applications. The doctrine of consular nonreviewability precludes judicial review of this action pursuant to Supreme Court precedent and Congress has unambiguously said that exemption determinations are to be left to the Executive's "sole unreviewable discretion." Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: January 31, 2024, Case #: 23-1392, Categories: administrative Law, civil Procedure, Agency
J. Hudson adopts several proposed amendments to the rules of the Minnesota Client Security Board. The court declines to adopt a rule barring attorneys from receiving payment for assisting with prosecuting claims to the board without board approval, finding it unnecessary. A rule permitting the board to deny any claim is modified to specify the factors it must consider, and a third proposed rule seeking to formally define "loss" is not adopted as it is duplicative of another rule.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: January 24, 2024, Case #: ADM10-8005, Categories: administrative Law, civil Procedure
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
[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
J. Gardner finds that the lower court improperly dismissed as untimely the delivery driver's appeal of a finding he had been overpaid $4,900 in regular and $11,000 in pandemic unemployment benefits because he left his job voluntarily. The driver's May 25 letter should have been treated as an appeal of the division's determination, rather than as an application for review of the appeals tribunal's decision. Reversed.
Court: Missouri Court Of Appeals, Judge: Gardner, Filed On: October 10, 2023, Case #: ED110938, Categories: administrative Law, civil Procedure, Employment
Per curiam, the Arkansas Supreme Court joins the Arkansas Access to Justice Commission in designating October as Access to Justice Month in recognition of contributions made by legal aid and pro bono attorneys and to encourage pro bono participation for the legal needs of low-income Arkansans. Participating attorneys are commended, and an email address is given as an informational resource.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: October 5, 2023, Case #: 2023 Ark. 136, Categories: administrative Law, civil Procedure
J. Cooper denies, in part, the FEC's motion to dismiss two groups' challenging the dismissal of their claims regarding Jeb Bush and a super PAC's coordinated efforts during his presidential campaign in 2016. Contrary to the agency's argument, a previous rejection of the groups' organizational injury does not defeat their current organizational injury claim.
Court: USDC District of Columbia, Judge: Cooper, Filed On: September 26, 2023, Case #: 1:22cv3319, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, civil Procedure, Elections