602 results for 'cat:"Administrative Law"'.
Per curiam, the Arkansas Supreme Court has determined the exercise of superintending authority may be appropriate as to the request for removal of the trial judge in the underlying matter. The record shows the judge may have acted in ways that do not promote confidence in the judiciary and has possibly not been impartial.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: May 13, 2024, Case #: CV-24-295, Categories: administrative Law, Judiciary
Per curiam, the Vermont Supreme Court finds the employment security board properly adopted a decision by an administrate law judge that this employment appeal was untimely filed. The employee alleges the pandemic, her health and a mailing delay were the reasons her appeal was past the 30 days allowed for filing. The court holds that her reasons do not qualify as valid ground to extend the appeal period. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-259, Categories: administrative Law, Employment
J. Cradle finds the Commissioner of Motor Vehicles properly found the towing company levied excessive charges against a customer and ordered it to pay restitution. It not only failed to abide by statutory hourly rates for emergency recovery services, but did not provide any explanation for certain charges and failed to keep adequate records. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: May 10, 2024, Case #: AC45605, Categories: administrative Law, Evidence, Vehicle
Per curiam, the appellate division finds that the lower court properly granted the petition to place the candidate's name on the ballot for the primary election for the Democratic nomination for the office of Village Justice of the Village of Spring Valley. The designating petition contained 409 valid signatures, two more than required to place the candidate's name on the ballot. Incorrect addresses of two registered voters is not a fatal defect requiring the signatures to be voided. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 10, 2024, Case #: 02654, Categories: administrative Law, Elections
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J. Cooper denies the elections watchdog group's motion to compel production of internal communications and documents regarding the Federal Elections Commission's deliberations on key votes in the watchdog's pursuit of a finding that a Political Action Committee failed to organize, register and report as required under the law. The commission has produced its administrative record, but this motion has been construed as a motion to complete or supplement that record. The commission has, however, shown that omitted documents are protected by the deliberative-process privilege.
Court: USDC District of Columbia, Judge: Cooper, Filed On: May 10, 2024, Case #: 1:22cv35, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Discovery, Privilege
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
Per curiam, the appellate division finds that the lower court properly affirmed the board's decision to deny the correction officer disability retirement benefits. The board reasonably found that the officer's disabling knee condition was the result of a degenerative condition, and not related to a work incident. The board's finding that she did not suffer a shoulder-related disability was supported by credible evidence. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02538, Categories: administrative Law, Employment
J. Walker finds that the lower court properly found the pension fund correctly terminated the firefighter's pension benefits following his guilty plea to various federal crimes. The law permits the fund to file a new action, as it did here, to divest a member of his pension benefit award upon a conviction for a service-related felony without the need to retain jurisdiction upon the granting of the initial award. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 8, 2024, Case #: 231311, Categories: administrative Law, Pensions, Jurisdiction
Per curiam, the appellate division finds that the administrative judge properly found the residential school for children with autism committed category four neglect by failing to record a calorie count for a child, as requested by a dietician, and failing to notify a nurse when the child refused meals. The evidence supports a finding that the center failed to adequately train staff regarding the meal refusal policy or to timely inform staff of care directives. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02534, Categories: administrative Law, Health Care
J. McBride finds that the lower court properly found for the police department on an officer's challenge to his termination seeking $1 million in back pay. The officer lied about his spinal injury, maintaining he could not drive while taking a second job requiring him to drive hundreds of miles and falsely claiming he had submitted secondary employment authorization forms to the department. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: May 7, 2024, Case #: 230256, Categories: administrative Law, Employment
Per curiam, the Oklahoma Supreme Court approves the Lee Griffin's resignation. Griffin is aware the bar is investigating grievances filed against her, including that she allegedly failed to disburse funds transferred to her upon the sale of marital property in three separate divorce proceedings, as well as failing to take action to seek grandchildren visitation rights on a client's behalf with attorney fees having been paid in advance. She also has pending criminal charges for embezzlement. The attorney's resignation was freely and voluntarily entered.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: May 6, 2024, Case #: SCBD-7650, Categories: administrative Law, Fiduciary Duty, Attorney Discipline
Per curiam, the Oklahoma Supreme Court approves the Joseph Dewayne Kalka's resignation. Kalka pleaded guilty to charges of domestic abuse by attempted strangulation of his wife and striking her head, face and body. The attorney's resignation affidavit was freely and voluntarily entered, with full awareness of the consequences.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: May 6, 2024, Case #: SCBD-7576, Categories: administrative Law, Assault, Attorney Discipline
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
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. Fisher finds that the lower court improperly annulled the decision authorizing an oversight agency to use an aquatic herbicide to control spread of the invasive Eurasian watermilfoil in Lake George. The board of the Adirondack Park Agency rationally approved the permit, as members received scientific studies and research demonstrating that the herbicide would be minimally harmful to native plants and water insects and more cost-effective than previously attempted eradication methods. Meanwhile, the agency was due judicial deference on factual evaluations within its area of expertise. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: May 2, 2024, Case #: CV-23-0672, Categories: administrative Law, Environment
J. Howard reverses, in part, a workers' compensation review board decision to uphold an administrative law judge's decision to grant only a 5 percent impairment to a worker, rather than the 35 percent recommended by her treating doctor. The board failed to require the judge explain why the doctor's impairment ratings were not clear. Reversed in part.
Court: DC Court of Appeals, Judge: Howard, Filed On: May 2, 2024, Case #: 22-AA-0957, Categories: administrative Law, Workers' Compensation
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. Virden finds the circuit court properly granted the behavioral health facility's petition to involuntarily commit the psychiatric patient. The patient absconded after a supervisory petition was granted, then was admitted to the facility with exacerbated psychosis. The patient, diagnosed with bipolar mania, has not complied with medication requirements and has refused therapy. She has been uncooperative, irritable and paranoid, has demonstrated poor judgement, and lacks insight into her condition. She has also been arrested for assault and presents a danger to herself and others. The appeals court defers to the circuit court's superior position. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: May 1, 2024, Case #: CV-23-465, Categories: administrative Law, Health Care, Commitment
J. Peterson grants the U.S. government officials' motion to dismiss the husband and wife's lawsuit asking the court to compel the officials to finish adjudicating a family-based visa petition conditionally approved in 2022 for the wife, who is a citizen of Uganda. Given controlling case law, the husband and wife have not proven their 18-month wait for a consular interview is unreasonable, in part due to evidence in the record of backlogs caused by the Covid-19 pandemic.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 1, 2024, Case #: 3:23cv520, NOS: Other Immigration Actions - Immigration, Categories: administrative Law, Immigration, Covid-19
[Consolidated.] J. Walker refuses to grant petitions for review filed by environmental groups that challenge the Federal Energy Regulator Commission's certification of an expansion of pipelines and facilities for the Evangeline Pass Expansion Project in the Southeastern U.S. The agency reasonably explained its decision, and the certification was reasonable.
Court: DC Circuit, Judge: Walker, Filed On: April 30, 2024, Case #: 22-1101 , Categories: administrative Law, Energy, Environment
J. Streeter finds that the trial court properly denied writ relief to a cardroom whose application to expand was denied by the state gambling commission. A local voter-approved measure that would enable the expansion is not exempt from the Gambling Control Act, which requires approval from the commission. Also, the ballot language for the measure did not substantially comply with a requirement for neutral, concise wording. And the commission rightly rejected the cardroom's application because the measure did not comply with statute. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: April 30, 2024, Case #: A168427, Categories: administrative Law, Elections, Municipal Law
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. Pirtle finds the county court properly dissolved the temporary restraining order preventing demolition of the property. The homeowner was issued a notice of property violations, and the restraining order was implemented pending resolution of litigation. The owner’s witness was found to not be credible, while the city’s witnesses were found to be credible. The multiple violations, pending for several years, had not been resolved. The owner also failed to demonstrate it lacked an adequate remedy at law. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 30, 2024, Case #: A-23-680, Categories: administrative Law, Municipal Law, Injunction