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Moore v. City of Los Angeles
Peace officer may not raise statute of limitations defense for first time in writ for administrative mandate.
Administrative Agencies Oct. 25, 2007
Public Utility District No. 1 of Snohomish County Washington v. Bonneville Power Administration
If administrative agency exceeds its delegated authority in entering into agreement, later challenge to amendments of that agreement are remanded to agency.
Administrative Agencies Oct. 11, 2007
Montalvo v. Spirit Airlines
Passengers' claim that airlines failed to warn about risk of developing deep vein thrombosis is pre-empted by FAA.
Administrative Agencies Oct. 4, 2007
Capen v. Shewry
Health and Safety Code Section 1204(b)(1) does not subject physician's clinic to licensing by Dept. of Health Services.
Administrative Agencies Sep. 20, 2007
Cates v. California Gambling Control Commission
Summary judgment is improperly granted where gambling control commission has not shown it has complied with duty to collect funds owed to state.
Administrative Agencies Sep. 6, 2007
Resident Councils of Washington v. Leavitt
Federal agency's regulations permitting paid feeding assistants to perform nurse-related services are based on permissible construction of Nursing Home Reform Law.
Administrative Agencies Sep. 4, 2007
Williams v. United Airlines Inc.
Complaint is properly dismissed because Federal Airline Deregulation Act’s Whistleblower Protection Program does not create private right of action in federal court.
Administrative Agencies Sep. 3, 2007
Aageson Grain & Cattle v. U.S. Dept. of Agriculture
Farmers are entitled to attorney fees under Equal Access to Justice Act after prevailing in ‘adversary adjudication’ before National Appeals Division.
Administrative Agencies Sep. 3, 2007
DHX Inc. v. Surface Transportation Board
Water carriers charging freight customers different rates based on prudent business practices is reasonable and not actionable.
Administrative Agencies Aug. 30, 2007
Hoopai v. Astrue
Administrative law judge is not required to seek assistance of vocational expert where substantial evidence supports claimant’s depression is not sufficiently severe.
Administrative Agencies Aug. 28, 2007
Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. U.S. Dept. of Agriculture
Summary judgment is properly granted to USDA where it designated Canada minimal-risk country for cattle imports.
Administrative Agencies Aug. 28, 2007
Port of Seattle v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission improperly denies refunds for transactions involving energy purchased in Pacific Northwest for consumption in California.
Administrative Agencies Aug. 27, 2007
Kelsoe v. California State Water Resources Control Board
Legislative intent dictates finding gas station owner eligible for permit waiver and allowing his claim for reimbursement of cleanup costs to proceed.
Administrative Agencies Aug. 20, 2007
County of Sacramento v. State Water Resources Control Board
State and regional water boards properly apply water quality objective for groundwater bacteria as applied to youth correctional facility.
Administrative Agencies Aug. 12, 2007
Cedars-Sinai Medical Center v. National League of Postmasters of the United States
Hospital’s claims seeking reimbursement from health plan administrator for unpaid medical services provided to insured patient are not preempted by FEHBA.
Administrative Agencies Aug. 12, 2007
Alvarado v. Selma Convalescent Hospital
Trial court properly abstains from adjudicating class action lawsuit concerning staffing of skilled nursing and intermediate care facilities.
Administrative Agencies Aug. 2, 2007
Kelsoe v. California State Water Resources Control Board
Legislative intent dictates finding gas station owner eligible for permit waiver and allowing his claim for reimbursement of cleanup costs to proceed.
Administrative Agencies Jul. 22, 2007
Blue Cross of California v. Dept. of Health Services (Molina Healthcare of California)
Dept. of Health Services hearing officer properly holds that Request For Proposal did not bar submission of identical, dual-county provider networks.
Administrative Agencies Jul. 16, 2007
Orn v. Astrue
In determining Social Security benefits, administrative law judge errs by rejecting opinions of treating physicians without specific, legitimate reasons supported by substantial evidence.
Administrative Agencies Jul. 16, 2007
Loma Linda University Medical Center v. Leavitt
Provider Reimbursement Review Board has jurisdiction over Medicare provider's appeal of cost it failed to include in report nearly 20 years ago.
Administrative Agencies Jul. 10, 2007
Berumen v. County of Los Angeles Dept. of Health Services
Civil Service Rules do not give Los Angeles County Civil Service Commission jurisdiction to hear appeal of 'de facto' job demotion.
Administrative Agencies Jun. 24, 2007
Berumen v. County of Los Angeles Dept. of Health Services
Civil Service Rules do not give Los Angeles County Civil Service Commission jurisdiction to hear appeal of 'de facto' job demotion.
Administrative Agencies Jun. 22, 2007
Arburn v. DMV
Stop of vehicle is justified where officer has reasonable suspicion that driver is intoxicated because vehicle is weaving and nearly hits curb.
Administrative Agencies Jun. 15, 2007
Georgiev v. County of Santa Clara
Home addition properly deemed incomplete for property tax purposes where it is unfinished and lacks functionality, in spite of receiving inspector's approval.
Administrative Agencies Jun. 14, 2007
Arburn v. DMV
Stop of vehicle is justified where officer has reasonable suspicion that driver is intoxicated because vehicle is weaving and nearly hits curb.
Administrative Agencies Jun. 14, 2007
Rondon v. Alcoholic Beverage Control Appeals Board (Dept. of Alcohol & Beverage Control)
Liquor license revocation must be reversed where Department of Alcoholic Beverage Control gives decision maker access to prosecuting attorneys' reports of hearing.
Administrative Agencies Jun. 13, 2007
Georgiev v. County of Santa Clara
Home addition properly deemed incomplete for property tax purposes where it is unfinished and lacks functionality, in spite of receiving inspector's approval.
Administrative Agencies Jun. 13, 2007
Rondon v. Alcoholic Beverage Control Appeals Board (Dept. of Alcohol & Beverage Control)
Liquor license revocation must be reversed where Department of Alcoholic Beverage Control gives decision maker access to prosecuting attorneys' reports of hearing.
Administrative Agencies Jun. 12, 2007
Fair Housing Council of San Fernando Valley v. Roomates.com
Communications Decency Act does not immunize roommate matching service for all content on its website.
Administrative Agencies May 18, 2007
Golden Northwest Aluminum Inc. v. Bonneville Power Administration
Bonneville Power Administration may allocate to preference customers cost of acquiring power but not settlement of obligations with investor-owned utilities.
Administrative Agencies May 11, 2007