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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 9th Sep. 30, 2024
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 1DCA/4 Sep. 20, 2024
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 4DCA/3 Sep. 16, 2024
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 9th Sep. 16, 2024
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 1DCA/4 Sep. 3, 2024
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 9th Aug. 30, 2024
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 5DCA Aug. 23, 2024
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 9th Aug. 21, 2024
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 4DCA/3 Aug. 6, 2024
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 CASC Jul. 30, 2024
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 9th Jul. 19, 2024
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 USSC Jul. 2, 2024
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 USSC Jul. 1, 2024
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 5DCA Jul. 1, 2024
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 2DCA/6 Jun. 27, 2024
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 1DCA/5 Jun. 25, 2024
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 5DCA Jun. 25, 2024
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 USSC Jun. 17, 2024
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 9th Jun. 5, 2024
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 9th May 29, 2024
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 9th May 23, 2024
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 9th Apr. 30, 2024
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 9th Apr. 25, 2024
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 9th Apr. 23, 2024
Knudsen v. Dept. of Motor Vehicles
Administrative public hearing officer, who acted as both an advocate and adjudicator, violated driver's due process right to an impartial adjudicator in DUI case. 		Administrative Agencies 5DCA Apr. 5, 2024
Conway v. O'Malley
Because the "medium work," six-hour limitation presumption was rebutted, the Administrative Law Judge's contrary finding was unsupported by substantial evidence meriting reversal. 		Administrative Agencies 9th Mar. 27, 2024
Ferguson v. O'Malley
It was reversible error for administrative law judge to discount disability applicant's subjective symptom testimony as inconsistent with medical evidence without offering clear and convincing reasons for doing so. 		Administrative Agencies 9th Mar. 15, 2024
Temple of 1001 Buddhas et al. v. City of Fremont
Fremont's Municipal Code conflicted with Building Code Section 1.8.8.1 because it mandated an appeals process with only one assigned hearing officer rather than an appeals board. 		Administrative Agencies 1DCA/4 Mar. 8, 2024
TRC Operating Co. v. Shabazian 3
Regulations adopted by CalGEM requiring cessation of oil and gas operations near surface expressions were not in conflict the Public Resources Code authorizing statue. 		Administrative Agencies 5DCA Mar. 5, 2024
Geffner v. Board of Psychology
Board's revocation of a psychologist's license was reversed where the psychologist evaluated two children for suicidality without their father's consent, concluding it was an emergency situation. 		Administrative Agencies 2DCA/3 Mar. 1, 2024
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