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White v. Kijakazi
Where claimant for disability benefits presents evidence of job-number estimates vastly disparate from vocational expert's yet allegedly using the same methodology, remand was required to resolve the inconsistency. 		Administrative Agencies 9th Aug. 9, 2022
Modification: In re Dezi C.
Rejecting the previously used rules in evaluating harmlessness in an Indian Child Welfare Act context, the court instead asked whether the record gave any reason to believe the children may be Indian children. 		Administrative Agencies 2DCA/2 Jun. 29, 2022
In re Dezi C.
Rejecting the previously used rules in evaluating harmlessness in an Indian Child Welfare Act context, the court instead asked whether the record gave any reason to believe the children may be Indian children. 		Administrative Agencies 2DCA/2 Jun. 16, 2022
Modification: 640 Tenth, LP v. Newsom
The Administrative Procedure Act did not apply to Governor Newsom's COVID-19 stay-at-home orders because the Emergency Act empowers the Governor to suspend any regulatory statute. 		Administrative Agencies 4DCA/1 Jun. 10, 2022
Kilpatrick v. Kijakazi
An administrative law judge is not required to address evidence that does not qualify as significant probative evidence when considering Social Security disability benefits. 		Administrative Agencies 9th May 31, 2022
Allen v. Kijakazi
The prohibition of Social Security benefits to persons confined at public expense applies to persons civilly confined after a probable cause hearing under California's Sexually Violent Predator Act. 		Administrative Agencies 9th May 25, 2022
640 Tenth, LP v. Newsom
The Administrative Procedure Act did not apply to Governor Newsom's COVID-19 stay-at-home orders because the Emergency Act empowers the Governor to suspend any regulatory statute. 		Administrative Agencies 4DCA/1 May 17, 2022
Transgender Law Center v. Immigration and Customs Enforcement
ICE and DHS did not demonstrate beyond a material doubt the adequacy of their responses to plaintiffs' Freedom of Information Act requests regarding the death of a transgender asylum seeker. 		Administrative Agencies 9th May 13, 2022
San Francisco Herring Association v. U.S. Dept. of the Interior
The National Park Service did not need to acquire a formal property interest to govern running waters because running waters cannot be owned in a traditional sense. 		Administrative Agencies 9th May 11, 2022
Vaz v. Neal
Although the Executive Office for Immigration Review had taken years to investigate plaintiff's complaint, the delay was not unreasonable. 		Administrative Agencies 9th May 10, 2022
Miskey v. Kijakazi
Social Security Administration correctly determined that the Government Pension Offset, reducing the amount of Social Security spousal benefits paid to one receiving a government pension, applied to plaintiff. 		Administrative Agencies 9th May 4, 2022
Woods v. Kijakazi
An administrative law judge properly rejected the opinion of plaintiff's examining physician because substantial evidence supported the judge's inconsistency findings. 		Administrative Agencies 9th Apr. 25, 2022
California DUI Lawyers Assn. v. California Dept. of Motor Vehicles
Combining the roles of advocate and adjudicator in a single person employed by the DMV violated due process. 		Administrative Agencies 2DCA/4 Apr. 19, 2022
Global Rescue Jets v. Kaiser Foundation Health Plan
Like Medicare Parts A & B claims, Medicare Advantage claims must exhaust all administrative remedies before pursuing claims in federal court. 		Administrative Agencies 9th Apr. 11, 2022
Grand Canyon Trust v. Provencio
In determining a mine's profitability under the Mining Act, sunk costs can be ignored. 		Administrative Agencies 9th Feb. 23, 2022
Modification: Pappas v. State Coastal Conservancy
Trial courts may adjudicate actions for relief to restrain any Coastal Act violation. 		Administrative Agencies 2DCA/6 Jan. 26, 2022
Hughes v. Northwestern Univ.
The Seventh Circuit failed to consider whether retirement plan administrators breached fiduciary duties by failing to remove imprudent investments from the plan. 		Administrative Agencies USSC Jan. 25, 2022
National Federation of Independent Business v. Occupational Safety and Health Administration
OSHA mandate, requiring businesses with more than 100 employees to be vaccinated or test negative weekly, was beyond the scope of its authority. 		Administrative Agencies USSC Jan. 18, 2022
Western Growers Assn. v. Occupational Safety & Health Standards Board
The Occupational Safety and Health Standards Board had statutory authority to issue emergency mandates affecting businesses during the pandemic. 		Administrative Agencies 1DCA/1 Jan. 14, 2022
Babcock v. Kijakazi
"Dual-status military technician" pension payments were not based wholly on services as a member of uniformed service and were subject to Social Security Act's Windfall Elimination provision. 		Administrative Agencies USSC Jan. 14, 2022
Lozano v. City of Los Angeles
A Digital In-Car Video System recording capturing police officers playing Pokemon on duty was properly used as a basis in the disciplinary action. 		Administrative Agencies 2DCA/3 Jan. 11, 2022
Elmore v. Gordon
Driver's license suspension for refusal to submit to blood or breath test was proper despite an incomplete admonition that refusal would also result in fine or imprisonment. 		Administrative Agencies 2DCA/8 Jan. 4, 2022
Michener v. Kijakazi
Service not designated as employment or recognized as equivalent in U.S.-Canada Section 433 agreement was subject to the Windfall Elimination Program. 		Administrative Agencies 9th Jan. 3, 2022
Pappas v. State Coastal Conservancy
Trial courts may adjudicate actions for relief to restrain any Coastal Act violation. 		Administrative Agencies 2DCA/6 Dec. 30, 2021
Hill RHF Housing Partners, L.P. v. City of Los Angeles
Plaintiffs were not barred by remedy exhaustion from bringing an issue before the courts when the only extrajudicial dispute resolution process available was participation in a public comment session. 		Administrative Agencies CASC Dec. 21, 2021
Clawson v. Board of Registered Nursing
Gross negligence while conducting residential appraisals was unprofessional conduct subject to discipline by the Board of Registered Nursing. 		Administrative Agencies 1DCA/5 Dec. 20, 2021
Modification: City of Oxnard v. County of Ventura
A city seeking a preliminary injunction to prohibit the county from providing ambulance services was denied because the city effectively delegated its administrative control over that service prior to 1980. 		Administrative Agencies 2DCA/6 Dec. 15, 2021
City of Oxnard v. County of Ventura
A city seeking a preliminary injunction to prohibit the county from providing ambulance services was denied because the city effectively delegated its administrative control over that service prior to 1980. 		Administrative Agencies 2DCA/6 Nov. 24, 2021
Plaskett v. Wormuth
Under the Administrative Procedure Act, plaintiff's failure to plead a discrete action the Army was required to take was a failure to state a claim upon which relief could be granted. 		Administrative Agencies 9th Nov. 22, 2021
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board
The Department of Alcoholic Beverage Control properly revoked a nonprofit club's liquor license because substantial evidence showed it knowingly allowed cannabis sales on its premises. 		Administrative Agencies 4DCA/2 Nov. 1, 2021
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