Topic
Every decision we've filed under Administrative / Agency Review.
The Ninth Circuit affirmed a district court judgment upholding civil penalties assessed by the Internal Revenue Service for failure to file foreign bank account reports. The court held that remanding the case for recalculation without vacating the original assessments was appropriate to avoid a windfall for the defendant.
The United States Court of Appeals for the Federal Circuit dismissed an appeal in a civil dispute between two energy companies. The dismissal was granted by mutual agreement of the parties under the Federal Rules of Appellate Procedure.
The Ninth Circuit affirmed the dismissal of a pro se plaintiff's amended complaint for lack of subject matter jurisdiction. The court also affirmed the denial of a proposed intervenor's motion to intervene as of right.
The Ninth Circuit affirmed the district court's grant of summary judgment to the United States Office of Navajo and Hopi Indian Relocation regarding a claim for relocation benefits. The court dismissed the appellant's due process and breach of trust claims for lack of jurisdiction because they were not raised during the administrative proceedings.
The Fourth Circuit denied a motion for a stay pending review of a Virginia water quality certification for the Southgate Project. The court found that petitioners failed to make a strong showing that they are likely to succeed on the merits of their administrative law challenges.
The United States Court of Appeals for the Federal Circuit granted a motion to voluntarily dismiss an appeal filed by a claimant against the Secretary of Veterans Affairs. The court lifted any existing stay and ordered each side to bear its own costs.
The United States Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus seeking to stop an International Trade Commission investigation into flavored vape products. The court held that the petitioners failed to demonstrate a clear right to relief or the absence of adequate alternative remedies.
The United States Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus filed by a veteran seeking to compel the consolidation of his records and the immediate execution of a remand order. The court held that the petitioner failed to demonstrate a clear and indisputable right to relief or the absence of other adequate means to attain his desired outcome.
The Ninth Circuit affirmed a district court judgment enforcing an F C C forfeiture order against Scott Rhodes under the Truth in Caller I D Act. The panel held that the record established liability for spoofed caller identification robocalls and rejected Rhodes's constitutional, procedural, and excessive-fines challenges.
The Ninth Circuit en banc vacated its earlier order denying a stay of removal and granted the petitioners a stay pending disposition of the en banc case. The court said it had become apparent after briefing and oral argument that the petitioners met the standard for a stay under Nken v. Holder.