588 results for 'cat:"Administrative Law"'.
J. Smith finds the district court properly denied the firearm advocates' request for a preliminary injunction. The advocates challenge provisions of the Bipartisan Safer Communities Act of 2022, saying the government has shown no historical analogue for expanded background checks for 18-to-20-year-olds. The 10-day waiting period for background checks is not abusive, nor does it impose a de facto prohibition on possession. Existing case law makes clear that background checks are constitutional. Affirmed.
Court: 5th Circuit, Judge: Smith , Filed On: April 26, 2024, Case #: 23-10837, Categories: administrative Law, Constitution, Firearms
J. AliKhan grants summary judgment to the FBI in the information seekers' Freedom of Information Act suit related to the 2012 attacks on the U.S. Embassy in Benghazi, Libya. The FBI has adequately established that withheld records are part of an ongoing investigation of the attacks, and existing public accounts of the attacks do not undermine the agency's concerns about interference with that investigation.
Court: USDC District of Columbia, Judge: AliKhan, Filed On: April 26, 2024, Case #: 1:14cv1589, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: administrative Law, Public Record, Agency
J. Lawrence finds that the lower court properly dismissed the complaint in this declaratory judgment action concerning certain immunization requirements for emergency medical service workers. Contrary to the appellants' argument on appeal, "the EMS Board did not exceed its statutory authority in issuing the EMS immunization rule." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 25, 2024, Case #: 2024ME30, Categories: administrative Law, Health Care
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J. Freudenberg finds the district court improperly dismissed the apartment owner's complaint. The owner alleges that a notary public covered under the surety company’s bond improperly altered a property deed upon which the apartment owner is a grantee, and the court dismissed for failure to join the notary as a necessary party. Commas separating "notary" from “sureties” in the guiding statute suggest the legislature did not mean to require such a claim to group the notary public and the surety together in the same action. Reversed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: April 25, 2024, Case #: S-23-357, Categories: administrative Law, Property, Fiduciary Duty
J. Lange denies a Department of the Interior motion to dismiss an amended complaint involving self-determination contracts under the Tribally Controlled Schools Act of 1988 under which the Lower Brule Sioux Tribe received federal funds to operate tribal schools that otherwise would have been operated by the federal government. The government collected a deficit of funds that the school would have otherwise received after the Tribe used some of the money to fund tribal government operations other than schools. The Tribe also claimed that the government collected more than the total unearned-revenue balance. The alleged overcollection claim in the amended complaint remains but all the claims from the original complaint remain foreclosed.
Court: USDC South Dakota, Judge: Lange, Filed On: April 24, 2024, Case #: 3:21cv3018, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Education, Native Americans
J. Moss partially grants the FDA's motion for summary judgment and the tobacco vaporizer maker's cross-motion for summary judgment in a Freedom of Information Act suit brought by the vape maker seeking information on its denied premarket tobacco applications. The FDA's withholding of records under an exemption for "inter-agency or intra-agency memorandums or letters" was proper because those documents were part of the deliberative process, regardless of the vape maker's various arguments that they were produced after the agency's decisions were made, because they were nevertheless produced before those decisions were finalized and published. Memos summarizing scientific data also are not privilege-free scientific reports in this case, since they were compiled for deliberative purposes. The agency has also established that the release of withheld memos would cause foreseeable harm and would chill the ongoing supervisory review process.
Court: USDC District of Columbia, Judge: Moss, Filed On: April 23, 2024, Case #: 1:22cv2853, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: administrative Law, Government, Public Record
J. Walker upholds the tax court's finding for the IRS on a Swiss couple's challenge to $500,000 in penalties assessed after they had voluntarily amended their tax returns to include millions in a Swiss bank account they had not previously disclosed. Contrary to the couple's argument, the corrected returns do not protect them from penalties and the assessments were not untimely. Affirmed.
Court: DC Circuit, Judge: Walker, Filed On: April 23, 2024, Case #: 22-1308 , Categories: administrative Law, Tax
J. Martin finds that the lower court properly declared the state board's decision to revoke the school's charter unlawful. The school has standing to pursue judicial review of the board's determination because 2012 amendments to the law did not signal legislative intent to prohibit judicial review pursuant to the Missouri Administrative Protection Act after revocation of a charter. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: April 23, 2024, Case #: WD86457, Categories: administrative Law, Education, Jurisdiction
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
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. Stiglich finds the district court improperly granted injunctive relief preventing the Secretary of State from placing an initiative petition on the ballot. The reproductive rights advocacy group's initiative petition would grant individuals the right to make all their own decisions regarding a pregnancy. An opposing group asserted the initiative violated the single-subject requirement, as it considered medical procedures unrelated to pregnancy or abortion. The petition has a single subject of establishing a fundamental right to reproductive freedom. All the provisions are germane or functionally related to that subject. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 87681, Categories: administrative Law, Elections, Health Care
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
[Consolidated.] J. Herndon finds the district court properly determined a per se regulatory taking occurred, awarding $48 million to the landowner. The city adopted a plan reclassifying ranch land as allowing for "residential densities," along with a golf course. The owner's efforts to develop the property were rendered futile by the city's actions, supporting that the regulatory taking occurred. The court properly relied on the owner's expert's valuation to determine just compensation, and the city did not challenge the valuation or provide an alternative. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: April 18, 2024, Case #: 84345, Categories: administrative Law, Environment, Property
J. Veljacic finds that the lower court properly upheld a decision from Washington State's Department of Labor and Industries to implement a new "Interpreting Works Scheduling" system. The department was working under an "explicit directive" from the state legislature to implement a new system since 2018, and the department gave all the proper notice that a system change was incoming. Affirmed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: April 16, 2024, Case #: 58071-3-II, Categories: administrative Law, Labor
J. Clark finds that the lower court improperly denied the consumer's motion to vacate an arbitration award in a dispute over a $199 administrative fee assessed on her purchase of a camping trailer. The dealership knowingly waived its right to arbitrate by filing a motion to dismiss and asking the court to enter a final judgment on the merits of whether the fee applied to the consumer's purchase. Reversed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: April 15, 2024, Case #: ED111498, Categories: administrative Law, Arbitration
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. LeGrow finds that the lower court improperly exercised jurisdiction to stay the implementation of the Medicare Advantage Plan because the adoption of a new health plan by an employee benefits committee for state retirees did not constitute a regulation as defined in Delaware's Administrative Procedures Act. Thus, the cross-appeal seeking attorney fees should be dismissed as moot.
Court: Delaware Supreme Court, Judge: LeGrow, Filed On: April 12, 2024, Case #: 178, 230, Categories: administrative Law, Medicare, Attorney Fees
Per curiam, the appellate division finds that the lower court improperly awarded the contractor $458,000 in damages against the building owner for repair work performed following Superstorm Sandy. Evidence shows that the contractor did not have a valid license to perform electrical work in the city, so it may not recover against the building owner. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 10, 2024, Case #: 01907, Categories: administrative Law, Contract