Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
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 |
22-1008
|
Corner Post, Inc. v. Board of Governors
Six-year statute of limitations for Administrative Procedure Act claim did not accrue until the specific named plaintiff was injured by the Federal Reserve Board's action. |
Administrative Agencies |
|
A. Barrett | Jul. 2, 2024 |
22-451
|
Loper Bright Enterprises v. Raimondo
Overruling *Chevron*, the APA requires courts to exercise independent judgment in deciding whether an agency has acted within its statutory authority, rather than defer to agencies' interpretation of ambiguous statutes. |
Administrative Agencies |
|
J. Roberts | Jul. 1, 2024 |
F081373
|
Cisneros v. Dept. of Motor Vehicles
Department of Motor Vehicle hearing officers violated drivers' due process rights when they denied continuances requested by drivers' counsel because of scheduling conflicts based upon managerial influence or command control. |
Administrative Agencies |
|
D. Franson | Jul. 1, 2024 |
B314102
|
Casa Blanca Beach v. County of Santa Barbara
Homeowner association's lawsuit against county planning commission was not ripe because it failed to exhaust its administrative remedies and doing so would not be futile. |
Civil Procedure, Administrative Agencies |
|
T. Cody | Jun. 27, 2024 |
A164843
|
Doe v. California Dept. of Motor Vehicles
DMV's disclosure of driving under the influence license suspensions on records provided to certain individuals and companies even when no criminal conviction resulted did not violate state privacy laws. |
Administrative Agencies |
|
M. Simons | Jun. 25, 2024 |
F081372
|
Atkinson v. Dept. of Motor Vehicles et al.
Attorney fees recoverable under Government Code Section 800(a) are also recoverable for fees incurred to defend the fee award on appeal. |
Administrative Agencies |
|
D. Franson | Jun. 25, 2024 |
22-976
|
Garland v. Cargill
Bump stocks (which aid a shooter in firing a semi-automatic rifle at a rate similar to an automatic rifle) do not transform a rifle into a machine gun under the National Firearms Act |
Administrative Agencies |
|
C. Thomas | Jun. 17, 2024 |
23-15837
|
M&T Farms v. Federal Crop Insurance Corp.
A farming operation that is a fractional partner in a storefront selling farming goods was not a qualifying person under an FCIC insurance policy. |
Administrative Agencies |
|
A. Hurwitz | Jun. 5, 2024 |
22-55906
|
Stiffler v. O'Malley
Administrative law judge appropriately disregarded treating physician's medical opinion because it was inconsistent with other medical evidence and lacked supporting objective medical findings. |
Administrative Agencies |
|
J. Rawlinson | May 29, 2024 |
22-56015
|
Jajati v. U.S. Customs & Border Protection
Section 701(a)(2) of the Administrative Procedure Act does not bar judicial review of Customs and Border Protection discretionary decisions to revoke individual memberships in the SENTRI program. |
Administrative Agencies |
|
C. Bea | May 23, 2024 |
23-852
|
San Luis Obispo Mothers For Peace v. U.S. Nuclear Regulatory Comm.
Nuclear Regulatory Commission's decision granting PG&E an exemption to the deadline for a federal license renewal application was not arbitrary, capricious, or contrary to law. |
Administrative Agencies |
|
C. Callahan | Apr. 30, 2024 |
22-1969
|
National Labor Relations Board v. Siren Retail Corp.
National Labor Relations Board regional director acted within his discretion when he ordered mail-ballot election to select union representative where health data showed increase in COVID-19 cases. |
Labor Law, Administrative Agencies |
|
M. McKeown | Apr. 25, 2024 |
22-70129
|
Fejes v. Federal Aviation Administration
FAA Administrator was required to revoke pilot's certificate where pilot knowingly used an aircraft to distribute marijuana even though the activity was limited to a state where marijuana was legal. |
Administrative Agencies |
|
R. Nelson | Apr. 23, 2024 |