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.
Month: July 2020
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.
US v. Donovan
In an appeal from a judgment of the district court granting summary judgment to the plaintiff in an enforcement action under the Clean Water Act, judgment is affirmed where property is "wetlands" subject to the CWA if it meets either of the tests laid out in the...
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...
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...
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...
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.
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...
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...
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...