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Administrative Law

[11/01] Conahan v. Sebelius
In an appeal from the judgment of the district court’s affirming a ruling that defendant-health plan is not required to pay for liver surgery under 42 C.F.R. section 422.112(a)(3), judgment is affirmed where substantial evidence supports denial.

[11/01] Diggs v. Department of HUD
In a petition for review of a decision of the Merits Systems Board affirming petitioner's removal for misconduct, petition is dismissed for lack of jurisdiction where petition presents a "mixed case" involving a claim of discrimination.

[10/31] Gonzalez-Ruano v. Holder
In a petition for review of an administrative denial of petitioner's application for special rule cancellation of removal, petition is denied where the application fails, in part, under the Nicaraguan Adjustment and Central American Relief Act, and dismissed on remainder for lack of jurisdiction.

[10/31] County of Kern v. Workers' Comp. Appeals Bd
In an appeal from a judgment of the trial court affirming an administrative decision in a claim for worker's compensation, judgment is affirmed where a volunteer firefighter with a local nonprofit firefighting organization was a county employee for purposes of workers' compensation coverage under Labor Code section 3361.1.

[10/28] Wachovia Bank v. VCG Special Opportunities Master Fund, Ltd.
In an appeal from a judgment of the district court dismissing plaintiffs' action to enjoin a FINRA arbitration proceeding by defendant, judgment is reversed where the court erred in ruling that defendant was a customer of plaintiff and that therefore the FINRA Code of Arbitration Procedure for Customer Disputes supports arbitration.

[10/27] Taylor v. Commissioner of Social Security Administration
In an appeal from a judgment of the district court affirming defendant's decision denying appellant's Title II application for disability insurance benefits, judgment is reversed where defendant failed to properly evaluate all the evidence.

[10/27] Ramos v. Holder
In a petition for review of a BIA judgment affirming an administrative order denying petitioners' application for cancellation of removal, judgment is affirmed where the transfer of funds by petitioner-parents to their children so that the children can illegally join them in the U.S. constituted "alien smuggling" under Section 212(a)(6)(E) of the INA.

[10/27] Southern Cal. Gas Co. v. South Coast Air Quality Mgt. Dist.
In an appeal from a judgment of the trial court denying plaintiff's mandate and prohibition petition arising from the adoption of a regulation by the defendant to monitor changes in the quality of natural gas and air pollutant levels, judgment is affirmed where the defendant did not exceed its jurisdiction in promulgating subject regulation.

[10/27] NLRB v. US Postal Serv.
In an application for enforcement of an order of the petitioner compelling the disclosure of certain aptitude test scores to a Union for purposes of collective bargaining, petition is denied where employees have a legitimate and substantial privacy interest in their test scores and because the petitioner failed to engage in a balancing of interests.

[10/26] Santos-Reyes v. Atty. Gen. USA
In a petition for review of an order of the BIA affirming an administrative denial of the petitioner's application for cancelation of removal, petition is denied where the BIA reasonably interpreted the stop-time rule, 8 U.S.C. section 1229b(d)(1), as tied to the date of an alien's criminal conduct.

[10/26] City of Scotts Valley v. Co. of Santa Cruz

In an appeal from a judgment of the trial court in an action arising from a claim of deficient tax revenue remittance and concerning the application of Revenue and Taxation Code section 98, judgment is affirmed in part and reversed in part where the court correctly interpreted the relevant Tax Code sections, except Sections 97.1 and 97.3.

[10/25] Stanciu v. Holder
In a petition for review of an order of the BIA upholding the denial of petitioner's applications for asylum, withholding of removal, and relief under the CAT, petition is denied where petitioner, a Romanian Gypsy, failed to establish past persecution.

[10/25] Redondo Construction Corp. v. Izquierdo
In an appeal from a judgment of the district court dismissing plaintiff's complaint alleging that the retroactive application of state statute to breach certain settlement agreements constituted a violation of the Contracts Clause and Puerto Rico law, judgment is affirmed because the plaintiff failed to establish a constitutional claim, but reversed where the court incorrectly declined to exercise supplemental jurisdiction over remaining claims.

[10/25] In the Matter of Schenectady County
In an appeal from a judgment of the appellate division reversing a dismissal of a petition to compel disclosure of information under the Freedom of Information Law (FOIL), judgment is affirmed where an agency may not withhold a record under FOIL solely because some of the information in that record may be exempt from disclosure, if it can reasonably redact the record.

[10/25] Carrillo-Yeras v. Astrue
In an appeal from a judgment of the district court affirming the administrative denial of plaintiff's applications for disability insurance benefits and supplemental security income, judgment is reversed where: 1) the SSA took nearly two years to investigate whether to reopen a favorable determination on one of petitioner's applications, much longer than the presumptive time; and 2) the record does not show that the investigation was diligently pursued.

[10/25] Gonzales v. Department of Homeland Security
In an appeal from a judgment of the district court dismissing plaintiffs' claim for adjustment of status under Perez-Gonzalez v. Ashcroft, judgment is affirmed where previous Circuit ruling upholding administrative denial of adjustment controls and has retroactive application.

[10/24] Arsdi v. Holder
In a petition for review of an order of the BIA affirming the immigration judge's determination that petitioner's conviction for armed robbery was "particularly serious" so as to make him removable, petition is dismissed where petitioner, a native and citizen of Ethiopia, failed to exhaust his administrative remedies by making a general, rather than a specific, challenge to the IJ's determination on appeal.

[10/24] US v. Reveles
In an appeal from a judgment of the district court convicting defendant of drunk driving, 18 U.S.C. sections 7 and 13, conviction and sentencing are upheld because a preceding, non-judicial punishment administered by the Navy under 10 U.S.C. section 815 was not criminal in nature so as to bar the government's prosecution of defendant under Double Jeopardy

[10/21] Fidelity International v. US
In an appeal from a judgment of the district court upholding certain adjustments to plaintiff's partnership returns and a 40 percent penalty for tax underpayment by the IRS, 26 U.S.C. section 6226(a), judgment is affirmed because certain option transactions used to shield income were correctly disallowed losses where the transactions lacked economic substance.

[10/20] NY Coalition for Quality Assisted Living, Inc. v. MFY Legal Services, Inc.
In an appeal from a judgment of the appellate division reversing a trial court order enjoining defendants from violating an assisted living facilities' visitor access guidelines, judgment is affirmed where the guidelines impermissibly restrict advocate access to facility residents, and violate 18 NYCRR 485.14 and the DOH's interpretation of that regulation.

[10/20] Streck, Inc. v. Research and Diagnostic Systems, Inc.
In an appeal from a judgment of the district court awarding 35 U.S.C. section146 priority of invention to the plaintiff, judgment is affirmed where the court's de novo review of a determination by the Board of Patents Appeal was proper under Section146.