Judicial Review › Appeals

News & Analysis as of May 26, 2013

Konczal: Dodd-Frank Reforms Get Roughed Up in Court

Payment Matters: No Judicial Review of Contractor’s Finding of a High Payment Error Rate, a Condition for Extrapolation

by Mark A. Stanley | Ober|Kaler on 2/11/2013

Before a Medicare contractor can use extrapolation to determine an overpayment amount, the Medicare statute requires that it must make a finding that there is a sustained or high level of payment error or that documented...more

Supreme Court Decides Kloeckner v. Solis

by James G. Ryan | Cullen and Dykman LLP on 1/25/2013

On December 10, 2012 the U.S. Supreme Court issued a unanimous decision in Kloeckner v. Solis holding that “[a] federal employee who claims that an agency action appealable to the MSPB violates an antidiscrimination statute...more

Illinois Supreme Court to Consider If Mailbox Rule Applies to Administrative Appeal From Workers Comp Commission

by Kirk Jenkins | Sedgwick LLP on 1/5/2013

Our preview of the civil cases to be heard by the Illinois Supreme Court during the upcoming January term concludes with Gruszeczka v. The Illinois Workers' Compensation Commission. Gruszeczka poses an important question:...more

Supreme Court Clarifies Appeals Rights For Federal Employees

by Fisher & Phillips LLP on 12/29/2012

On December 10, 2012, the Supreme Court handed down a critical victory to federal employees in a highly technical case. This decision now gives federal employees a simpler and less confusing process for appealing...more

Nevada Rejects Literalist View on Some Lender and Trust Deed Holder Requirements for the Right to Enforce

by John S. Delikanakis | Snell & Wilmer L.L.P. on 12/18/2012

Nevada’s Foreclosure Mediation Program (FMP), statutorily mandates mediation before a non-judicial foreclosure of an owner-occupied residence can proceed. It also encourages the judicial review of that mediation. It has been...more

Appeals in the Personal Injury Context

by Andrew C. Murray | Lerners LLP on 12/5/2012

In This Issue: - The Starting Point - Courts of Justice Act - Rules of Civil Procedure - A Brief Word About Costs - Tort Action Non-Jury - Accident Benefit Appeals - Appeals in the...more

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