59 results for 'cat:"Administrative Law" AND cat:"Government"'.
J. Oliver grants the federal government's motion for summary judgment, ruling the transaction history of the convenient store, including large, successive purchases made by a single household, is sufficient to support the government's conclusion of SNAP benefit trafficking, while the permanent ban sanction was not unreasonable because the store submitted no contrary evidence.
Court: USDC Connecticut, Judge: Oliver, Filed On: May 13, 2024, Case #: 3:21cv823, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, government, Sanctions
J. Pittman finds that the United States Chamber of Commerce is entitled to a preliminary injunction in suit against the Consumer Financial Protection Bureau over a rulemaking that would limit credit card payment late fees. The Fifth Circuit Court has already ruled that the bureau’s action was unconstitutional after a series of court transfers and rulings segmented this portion of the case under the jurisdiction of USDC Northern Texas’ Fort Worth division. In consideration of the Fifth Circuit ruling, there is sufficient likelihood that the chamber of commerce shall succeed, so the injunction is granted, and the Consumer Financial Protection Bureau’s regulation amendment is stayed.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: May 10, 2024, Case #: 4:24cv213, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, government, Consumer Law
J. Harpool finds for the nonprofit in a suit challenging Missouri's administration of the Supplemental Nutrition Assistance Program, which has understaffed the program's call center leading to unacceptable wait times and thousands of calls that cannot be completed. In 2023, almost 60,000 applications were denied for failure to complete an interview. These denials were not based on the merits of the applications but the failure of the system to offer a reasonable opportunity to interview. The agency must file a report within 30 days detailing the changes it will make to SNAP benefits reasonably accessible, as well as file monthly reports on the number of applications denied due to the failure to conduct timely interviews.
Court: USDC Western District of Missouri, Judge: Harpool, Filed On: May 9, 2024, Case #: 2:22cv4026, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, government, Agency
J. Jones finds that the trial court properly ruled in favor of the Texas State Board of Dental Examiners, granting its plea to the jurisdiction in a lawsuit brought by a dentist who challenged disciplinary actions taken against him. Officials enjoy a broad authority to interpret rules and statutes and the alleged violations do not merit waiving the board's immunity. Affirmed
Court: Texas Courts of Appeals, Judge: Jones, Filed On: May 9, 2024, Case #: 03-22-00752-CV, Categories: administrative Law, government, Immunity
J. Blacklock finds that the court of appeals improperly affirmed a jury verdict in favor of two City of Denton employees who sued the city under the Texas Whistleblowers Act after they were allegedly fired for reporting a member of the city council for meeting with a reporter at their home, violating the Public Information Act and the Open Meetings Act. The city council members are not paid, thus making the council member not an employee who would otherwise be covered under the Act. Furthermore, her actions were hers alone and not on behalf of the city council. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: May 3, 2024, Case #: 22-1023, Categories: administrative Law, government, Whistleblowers
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J. Childs vacates the district court's finding for the Small Business Administration on a concert tour company's challenge to the agency's rejection of its application for a $4.9 million grant in connection with Covid-19 under the Shuttered Venue Grants program. The agency ignored relevant proof supporting the company's eligibility for the grant, including more than 100 pages of creative elements it used to design concerts for the band, Twenty One Pilots, and its financial role in the tour. Vacated.
Court: DC Circuit, Judge: Childs, Filed On: May 3, 2024, Case #: 22-5253 , Categories: administrative Law, government
J. Byrne finds that the trial court properly in part ruled in a case in which a court reporter and her firm sued the Judicial Brand Certification Commission for allowing another reporting firm to provide services without proper certification. The trial court correctly denied the commission’s plea to the jurisdiction for the reporter’s petition for mandamus relief. However, the trial court incorrectly denied the commission’s plea to the jurisdiction against the judicial review, because such a review is not an available option within this administrative context. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 30, 2024, Case #: 03-22-00245-CV, Categories: administrative Law, government, Immunity
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. 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. 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. Kleeh grants the regulatory agency's motion for summary judgment in the company's complaint alleging the Fish and Wildlife Service (FWS) denied its application for an incidental taking permit to harvest timber by keeping the application in "perpetual administrative limbo." Based on the administrative record as a whole, the company is largely to blame for the permit being in limbo since it stopped cooperating with FWS on developing a habitat conservation plan, which is the second part of the four phases required to receive permit approval.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: February 12, 2024, Case #: 2:22cv7, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Environment, government
J. McClendon finds that the ethics board properly found the state agency employee violated the ethics code and assessed penalties against her for receiving "a thing of economic value" from a prohibited source. The evidence shows the employee violated the prohibited gift statute because her husband worked for a company that contracted with her agency. As a result, the employee received one-half of her husband's salary based on the community property regime created by their marriage. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: January 26, 2024, Case #: 2023CA0321, Categories: administrative Law, government, Agency
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. 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
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. Abramson finds the circuit court properly awarded summary judgment to the landfill in a dispute between two county waste management services over fees involving interdistrict waste, which forced the landfill to assess a service fee and remit it back to the county. One county's unilateral reduction of another's waste assessment fee disregards the fee statute. The county lacked statutory authority to assess a per-ton fee on haulers, making them responsible for collecting and remitting the fee. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: November 29, 2023, Case #: CV-22-142, Categories: administrative Law, government
J. Sutton finds the lower court improperly vacated the IRS tax-avoidance notice on a nationwide basis. The business owners who brought suit for refunds of their penalties sought only monetary relief, which was satisfied when the IRS provided refunds, and, therefore, the case was mooted and the court lacked jurisdiction upon remand from this court.
Court: 6th Circuit, Judge: Sutton, Filed On: November 20, 2023, Case #: 23-1138, Categories: administrative Law, government, Tax