News & Analysis as of

Administrative Hearings

ITC Holds Section 201 Hearing on Solar Imports

On August 15, 2017, the US International Trade Commission (ITC) held a hearing to consider whether solar panels are being imported in such increased quantities that they are the “substantial cause” of serious injury or the...more

Connecticut State Department of Education Releases Lists of Due Process Hearing Officer and Mediators and New Process for...

by Shipman & Goodwin LLP on

After an extensive interview and hiring process, the Connecticut State Department of Education (“CSDE”), Bureau of Special Education, released last week the list of new mediators and current due process hearing officers. The...more

California WaterFix: A Snapshot of the SWRCB Water Rights Change Hearings

by Downey Brand LLP on

After five parched years, substantial winter rains and Sierra snowpack have brought California a long-sought reprieve from drought, though not without presenting a new set of challenges. In February, nearly 200,000 residents...more

Arizona Supreme Court Clarifies Due Process Rights in Administrative Hearings

by Ballard Spahr LLP on

The due process clause of the 14th Amendment to the U.S. Constitution does not allow "the same person to serve as an accuser, advocate, and final decisionmaker in agency adjudication," the Arizona Supreme Court has ruled in...more

SEC Enforcement, ALJs and the Appointments Clause – Part II

by Dorsey & Whitney LLP on

This is the second of two articles reviewing the arguments of the parties in SEC v Raymond J. Lucia Companies, Inc., v. Securities and Exchange Commission, No. 15-1345 (D.C. Cir. Argument May 24, 2017). In that case the en...more

Commonwealth Court Orders Teacher Reinstated When The School Board Fails To Strictly Comply With Statutory Procedures For...

by Tucker Arensberg, P.C. on

Vladimirsky v. School District of Philadelphia, 144 A.3d 986 (Pa. Commw. Ct. 2016). The Commonwealth Court held that a tenured teacher has a constitutionally protected interest in his (or her) employment and can only be...more

SC court awards Lowe's employee workers' comp disability benefits

by McNair Law Firm, P.A. on

Employee disabilities are becoming a common issue that employers must address. Short- and long-term disability plans employers often make available to employees, the Americans with Disabilities Act (ADA), and the varying...more

Supreme Court Increases School Standards For Students With Disabilities

by Fisher Phillips on

IEPs Must Meet “Markedly More Demanding” Standard From Now On This week, in a unanimous decision crafted by Chief Justice John Roberts, the Supreme Court decided that the Individuals with Disabilities Education Act...more

Supreme Court Holds that Lafe Solomon Improperly Served as NLRB General Counsel

The Supreme Court has dealt another blow to the stability of the National Labor Relations Board. In a 6-2 decision, in, National Labor Relations Board v. SW General, Inc. DBA Southwest Ambulance, USSC Case No. 15-1251 (March...more

Supreme Court Uses Labor Case To Again Stifle Presidential Power

by Fisher Phillips on

In a decision released today, a 6 to 2 majority of the Supreme Court restricted the president’s power to fill high-level administrative positions without the Senate’s advice and consent, handing a victory to an employer in a...more

Practice Tips Learned From the Inaugural PTAB Bar Association Conference

by Brinks Gilson & Lione on

The newly formed PTAB Bar association held its inaugural conference in Washington, D.C. from March 1-3. More than 400 people were in attendance, including a mix of practitioners, in-house counsel, PTAB administrative law...more

Trump May Not be the Only Catalyst for Administrative Reform

by Bryan Cave on

In the past few months, there has been a lot of speculation regarding the future of many administrative agencies under Trump’s administration. However, two current cases pending in the D.C. Circuit have the potential to have...more

FINRA Dismisses Insider Trading Charges

by Shearman & Sterling LLP on

On March 13, 2017, Financial Industry Regulatory Authority’s (“FINRA”) National Adjudicatory Council (the “NAC”) affirmed a hearing panel’s finding that Matthew Joseph Sheerin, a trader formerly with investment firm Angelo...more

University Invokes Sovereign Immunity to Avoid Patent Invalidation Proceeding

by Tucker Arensberg, P.C. on

In a recent decision, the Patent Trial and Appeal Board (the “PTAB”) held that a states’ sovereign immunity applies to patent inter partes review proceedings. Inter partes review is an alternative to traditional litigation...more

DC Court of Appeals Orders Rehearing of PHH v. CFPB

by Goodwin on

On February 16, 2017, the United States Court of Appeals for the DC Circuit granted Respondent Consumer Financial Protection Bureau’s (CFPB) petition for rehearing en banc of PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir.). In...more

Mississippi CON Report

CON – Final Orders - CON Review: ESRD-ES-1116-023 – RCG Tunica, LLC d/b/a Tunica Dialysis – Expansion of ESRD Stations at Existing ESRD Facility – Capital Expenditure: $1,374,346.00 – Location: Tunica, Tunica County,...more

Perspectives for the Professions: Case Summary: Third Party Accreditation

by Field Law on

B.C. College of Optics Inc. v. The College of Opticians of British Columbia, 2016 BCCA 85, allowing an appeal of the lower Court’s finding that the regulator could not require a third-party assessment of a training program as...more

Swart's Athwart California's Taxation of Out-of-State Corporations

by Nossaman LLP on

The California Franchise Tax Board (“FTB”) started 2017 with a setback as the Court of Appeal for the Fifth Appellate District held in Swart Enterprises, Inc. v. Franchise Tax Board that the FTB could not impose California’s...more

Perspectives for the Professions - January 2017: Case Summary: Test for Interim Conditions

by Field Law on

Scott v. College of Massage Therapists of BC, 2016 BCCA 180, allowing an appeal of the lower Court’s decision to quash an interim condition on practice. A massage therapist was the subject of a complaint that he had...more

10th Circuit Holds SEC ALJs Are Holding Office Unconstitutionally

by Allen Matkins on

In March 2015, I posed the following question: But if you were hailed before an unconstitutional tribunal with the ostensible authority to fine you and bar you from working, would you want a “real” court to step in and...more

Homebuilder Guaranty Fund Claims, an Informal Way for Home Purchasers to File Claims Against Homebuilders

by Pessin Katz Law, P.A. on

If someone who purchases a home believes their home was improperly constructed, they may file a claim against the Homebuilder Guarantee Fund to recover any monetary losses they suffer. In order to recover from the...more

Pensions Ombudsman Round-Up - November 2016 (UK)

by DLA Piper on

Welcome to DLA Piper’s Pensions Ombudsman Round-Up publication in which we report on recent determinations made by the Pensions Ombudsman (“PO”) and Deputy Pensions Ombudsman (“DPO”). In this edition we look at...more

N.C. Court of Appeals Affirms Local Government Board's Recusal of One of Its Own Members In Quasi-Judicial Proceeding

A quasi-judicial land use proceeding requires an impartial decisionmaker, like any courtroom proceeding. State law does its best to spell out what constitutes an "impermissible violation[] of due process"...more

MCAD Hearing Officer Awards $50,000 Plus 12% Interest For Gender Identity Harassment

by Murtha Cullina on

A recent MCAD case illustrates the exposure companies doing business in Massachusetts face for: ..Strict liability for discriminatory and retaliatory acts committed by supervisors; ..Emotional distress damage awards...more

Get Ready for the Changing Landscape of Expulsions

The legislature, this year, put in place significant changes relative to the expulsion of students which will supposedly go into effect on August 15, 2017. Assuming that the legislature leaves intact these changes during the...more

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