| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A163664
|
Kazelka v. California Dept. of Motor Vehicles
Trial court erred in excluding preliminary alcohol screening test results from administrative hearing based on officer's failure to provide admonition. |
Administrative Agencies |
|
I. Petrou | Mar. 28, 2025 |
|
23-852
|
Bondi v. Vanderstok
Bureau of Alcohol, Tobacco, Firearms and Explosives rule interpreting the Gun Control Act to cover "ghost gun" kits and unfinished gun frames or receivers is not facially inconsistent with the Act. |
Administrative Agencies |
|
N. Gorsuch | Mar. 27, 2025 |
|
23-35588
|
Bussey v. Driscoll
When a request for a correction is based on combat-induced PTSD, the Army Board for Correction of Military Records must give liberal consideration to the circumstances resulting in the discharge. |
Veterans' Affairs, Administrative Agencies |
|
E. Wallach | Mar. 13, 2025 |
|
24-659
|
Roshan v. McCauley
A disciplinary proceeding by the California Department of Real Estate was a "quasi-criminal" proceeding and therefore *Younger* abstention was appropriate. |
Administrative Agencies |
|
J. Owens | Mar. 12, 2025 |
|
C098043
|
California Healthcare & Rehabilitation Center et al. v. Baass et al.
Traditional writ of mandate was an appropriate vehicle for challenges to formula for calculating Medi-Cal reimbursement overpayments. |
Civil Procedure, Administrative Agencies |
|
R. Robie | Mar. 12, 2025 |
|
23-3727
|
Hudnall v. Dudek
Despite existing contrary precedent, rejecting lay evidence regarding disability claim without providing germane reasons was plainly not erroneous under new regulations adopted by Commissioner of Social Security regarding such evidence. |
Administrative Agencies |
|
P. Bumatay | Mar. 10, 2025 |
|
D083668
|
Herron v. San Diego Unified Port District
Petitioner could not establish a claim for traditional mandamus where the complained of act was a discretionary grant of a lease from the port district. |
Administrative Agencies |
|
J. Kelety | Feb. 27, 2025 |
|
23-991
|
U.S. v. Pheasant
Statute granting Secretary of the Interior broad discretion to adopt regulations regarding public lands was constitutional because Congress provided an intelligible principle to guide the Secretary's rulemaking. |
Constitutional Law, Administrative Agencies |
|
E. Miller | Feb. 20, 2025 |
|
B327663
|
Western States Petroleum Ass'n. v. California Air Resources Board
California Air Resources Board had the authority to set emissions standards for berthed vessels that would require technology that did not yet exist but was achievable by the compliance deadline. |
Administrative Agencies |
|
N. Stone | Feb. 18, 2025 |
|
22-1568
|
Advanced Integrative Medical Science Institute v. U.S. Drug Enforcement Administration
DEA denying request to exempt physician from registering to use psilocybin in treatment was not arbitrary or capricious because the agency sufficiently explained the reasons for its denial. |
Administrative Agencies |
|
M. Berzon | Feb. 14, 2025 |
|
23-35420
|
Nevin v. Colvin
Where administrative law judge reopened and reversed social security disability applicant's award of benefits, district court had jurisdiction to review case. |
Administrative Agencies |
|
W. Fletcher | Jan. 23, 2025 |
|
20-35609, 22-35549, 22-35532, 20-35291
|
Montana Wildlife Federation v. Haaland
Change in Bureau of Land Management policy that was plainly inconsistent with its affirmative duties under existing land use management plan without any rational justification violated the Administrative Procedures Act. |
Environmental Law, Administrative Agencies |
|
M. Berzon | Jan. 21, 2025 |
|
A169262
|
City and County of San Francisco v. Public Utilities Commission
Public Utility Commission decision to issue permit to Waymo LLC to operate driverless autonomous vehicles for hire was not outside the confines of its authority or an abuse of discretion. |
Administrative Agencies |
|
K. Banke | Jan. 16, 2025 |
|
22-70029
|
China Unicom (Americas) Operations Limited v. Federal Communications Commission
FCC's authority under the Communications Act to "issue" certificates to telecommunications carriers bears an implied incidental authority to revoke such certificates. |
Administrative Agencies, Commercial Law |
|
D. Collins | Dec. 26, 2024 |
|
23-55157
|
Kaweah Delta Health Care District v. Becerra
U.S. Department of Health and Human Services exceeded its statutory authority when it calculated Medicare payment wage index to help lower-income hospitals maintain medical staff. |
Administrative Agencies |
|
K. Lee | Dec. 12, 2024 |
|
22-70114
|
Rabadi v. U.S. Drug Enforcement Administration
Removal protections under 5 U.S.C. Section 7521 are constitutional, as applied to Drug Enforcement Administration Administrative Law Judges. |
Administrative Agencies |
|
S. Thomas | Dec. 2, 2024 |
|
B328374
|
Mann v. State of California
California Highway Patrol officers were not required to consider the owner's present ability to pay towing, storage, and any other fees in vehicle storage hearings under applicable law. |
Administrative Agencies |
|
V. Chavez | Nov. 22, 2024 |
|
23-15124
|
Grand Canyon University v. Cardona
University's non-profit status was subject to the requirements of the Higher Education Act, not the Internal Revenue Code's 501(c)(3) requirements. |
Administrative Agencies, Tax |
|
D. Collins | Nov. 11, 2024 |
|
23-15179
|
State of Nebraska v. Su
Executive order instructing agencies to carry out mandate requiring federal contractors to pay a certain minimum wage was not authorized by operative provisions of Federal Property and Administrative Services Act. |
Administrative Agencies |
|
R. Nelson | Nov. 6, 2024 |
|
22-56014
|
U.S. v. California Stem Cell Treatment Center
Tromal vascular fraction treatment is a "drug" under the Food, Drug, and Cosmetic Act and therefore subject to Food and Drug Administration regulation. |
Administrative Agencies |
|
M. Friedland | Sep. 30, 2024 |
|
A169465
|
Modification: Mayor v. Workers' Compensation Appeals Bd.
Workers' Compensation Appeals Board order granting reconsideration issued 144 days after petition was void because the Board lost jurisdiction over the matter after 60 days by operation of statute. |
Workers' Compensation, Administrative Agencies |
|
T. Brown | Sep. 20, 2024 |
|
G062856
|
Clarke v. Gordon
Administrative per se hearing violated due process where record indicated hearing officer had acted as adjudicator and advocate despite stating she was only acting as trier of fact. |
Administrative Agencies, Constitutional Law |
|
T. Goethals | Sep. 16, 2024 |
|
20-71765
|
League of California Cities v. Federal Communications Commission
Federal Communications Commission's subsequent order--clarifying wireless towers' concealment and siting requirements--was an impermissible, unlawful legislative act. |
Administrative Agencies, Municipal Law |
|
P. Curiam (9th Cir.) | Sep. 16, 2024 |
|
A169465
|
Mayor v. Workers' Compensation Appeals Bd.
Workers' Compensation Appeals Board order granting reconsideration issued 144 days after petition was void because the Board lost jurisdiction over the matter after 60 days by operation of statute. |
Workers' Compensation, Administrative Agencies |
|
T. Brown | Sep. 3, 2024 |
|
23-15551
|
Berry v. Air Force Central Welfare Fund
Plaintiff could not recover attorneys' fees under the Longshore Act because Defendants paid full amount owed prior to proceeding, so there was no successful prosecution. |
Attorneys, Administrative Agencies |
|
R. Desai | Aug. 30, 2024 |
|
F081373
|
Cisneros v. Dept. of Motor Vehicles
DUI drivers' petition for rehearing was granted after Department of Motor Vehicle hearing officers' improperly denied drivers' request for continuances. |
Administrative Agencies |
|
D. Franson | Aug. 23, 2024 |
|
22-16816
|
J.B. v. Kyrene Elementary School District
School district notice to a parent terminating further discussions of a disabled child's education plan was harmless error where, although stated reason was improper, the district had valid reasons for terminating discussions. |
Education, Administrative Agencies |
|
S. Murphy | Aug. 21, 2024 |
|
G062519
|
Doe v. Dept. of Rehabilitation
Whether an expense is a "maintenance expense" for rehabilitation services does not depend on whether the expense is short- or long-term. |
Administrative Agencies |
|
T. Delaney | Aug. 6, 2024 |
|
S274147
|
Meinhardt v. City of Sunnyvale
In administrative mandate proceedings, the time for filing an appeal does not begin to run until entry, or notice of entry, of a judgment. |
Civil Procedure, Administrative Agencies |
|
M. Jenkins | Jul. 30, 2024 |
|
22-16552
|
Gonzales & Gonzales Bonds & Insurance Agency Inc. v. U.S. Dept. of Homeland Security
The Federal Vacancies Reform Act's "Ratification Bar" applies only to functions or duties that are singularly entrusted by statute or regulation to that officer, i.e., "nondelegable" duties. |
Administrative Agencies |
|
C. Bea | Jul. 19, 2024 |
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