News & Analysis as of

Administrative Appeals

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update - January 2026

Marshall Dennehey on

Court Upholds Hearing Officer’s Decision and Grants Full Attorneys’ Fees After School Misses IDEA Appeal Deadline - A.L.L., A.L. v. Laboratory Charter School, 2025 WL 3269941 (E.D. Pa. Nov. 24, 2025) - The parent, A.L., filed...more

Dickinson Wright

Late Applications for Leave to Appeal: Don’t Underestimate the Need to Explain the “Reasons for the Delay”

Dickinson Wright on

Under the Michigan Court Rules, a party who has failed to timely file a claim of appeal (or application for leave to appeal if the judgment or order was not appealable as of right) has the option of filing a late appeal....more

Venable LLP

Virginia General Assembly Introduces HB 447 to Clarify Third-Party Standing in Land Use Appeals

Venable LLP on

The Virginia General Assembly has filed a bill that would make challenges of local land use decisions more difficult. ...more

Carlton Fields

Circuit Courts Chime in on Eligibility for Long-Term Disability Benefits

Carlton Fields on

Federal circuit courts of appeal chimed in on participants’ eligibility for long-term disability (LTD) benefits in two recent decisions. Both decisions affirmed administrators’ denial of benefits and addressed the impact of...more

Pullman & Comley - For What It May Be Worth

Don’t Leave Money on the Table: The Deadline to Appeal Your Connecticut Property Assessment is Around the Corner

If you disagree with your property tax assessment, the deadline to file a formal appeal with your local Board of Assessment Appeals (BAA) is fast approaching....more

Ice Miller

Navigating Administrative Land Use Decisions in Ohio

Ice Miller on

As many developers know, administrative approval of a request from a local zoning board can be an important step to making sure your project is approved in the timely manner that you desire....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHAB Holds Stakeholders’ Roundtable on Procedural Changes and Improvements

On January 7, 2026, the California Occupational Safety and Health Appeals Board (Appeals Board or OSHAB) convened in Sacramento, California, for a stakeholders’ roundtable discussion to gather ideas for enhancing and...more

Morgan Lewis

Counting the Days: Fifth Circuit Reverses Texas Hospitals’ DSH Rule Challenge

Morgan Lewis on

The US Court of Appeals for the Fifth Circuit on December 9, 2025 reversed and remanded a decision from the US District Court for the Northern District of Texas that had vacated a 2023 federal regulation that threatened to...more

Mayer Brown

Application du taux de marché à un prêt intragroupe par voie de réclamation

Mayer Brown on

Le Conseil d’Etat rend une décision sur une demande d’application de la règle dite du « taux de marché » prévue à l’article 212, I-a du Code général des impôts a posteriori sur réclamation du contribuable. Contrairement à...more

Vorys, Sater, Seymour and Pease LLP

Ohio Board of Tax Appeals Rejects Tax Commissioner’s Request for Proof Requirements not Required by Statute and Restores Fair...

The Ohio Board of Tax Appeals (Board) has found that chargebacks, i.e., above the line price reductions, are not discounts to the customer and should not be included in “gross receipts” for Commercial Activity Tax (CAT)...more

Brownstein Hyatt Farber Schreck

Administrative Adjudication Appeal May Waive Seventh Amendment Right to Jury Trial

The Seventh Amendment right to a jury trial puts significant limits on administrative adjudications, but defendants may waive that right without realizing it....more

Pullman & Comley - For What It May Be Worth

Connecticut Notices of Assessment are Hitting Mailboxes: Five Steps Every Savvy Property Owner Should Take

As it is the season for Connecticut municipalities to send out Notices of Assessment to property owners, here are the five steps to take to understand your property assessment and your rights to challenge the municipality’s...more

Haight Brown & Bonesteel LLP

UR/IMR “Patterson Doctrine” Struck Down

A defendant’s prior authorization of medical treatment does not bar it from submitting subsequent requests for the same treatment to utilization review (UR), according to a new published decision from the Second District...more

Carr Maloney P.C.

Recent D.C. Court of Appeals Decision on Whether Advisory Neighborhood Commissions Have Standing to Sue in D.C. Courts

Carr Maloney P.C. on

On September 18, 2025, the District of Columbia Court of Appeals denied the Advisory Neighborhood Commission (ANC) 2C and ANC 2C Commissioner Thomas Lee’s petitions challenging the District of Columbia Alcoholic Beverage and...more

Polsinelli

Federal Circuit Denies Challenges to USPTO Director’s Discretionary Denial Decisions

Polsinelli on

Key Takeaways - The Federal Circuit upheld the USPTO director’s discretion to deny IPRs, rejecting due process and APA challenges to the agency’s evolving policy framework....more

Carlton Fields

Florida Appeals Court Decisions Week of November 3 - 7, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Miller - sentencing - USA v. Carter - sex trafficking, evidence, Confrontation Clause, constructive amendment - Aguirre-Jarquin v. Hemmert - § 1983, IIED, qualified...more

White & Case LLP

The IRS Expands the Use of ADR Programs to Resolve Tax Disputes and Other Newsworthy Procedural Stuff

White & Case LLP on

The Internal Revenue Service ("IRS") is doubling down on its primary alternative dispute resolution ("ADR") tools. It is clear that the IRS wants taxpayers to resolve their disputes prior to going to court....more

FBT Gibbons LLP

Supreme Court Rejects Alabama’s Attempt to Use Administrative Delay to Immunize Itself from Due-Process Suits

FBT Gibbons LLP on

In Williams v. Reed, the U.S. Supreme Court addressed Alabama’s application of its exhaustion-of-administrative-remedies requirement to 42 U.S.C. §1983 actions which challenge allegedly unlawful delays in that administrative...more

Ballard Spahr LLP

Federal Appeals Court rejects Trump Administration request to delay CFPB lawsuit due to government shutdown

Ballard Spahr LLP on

A federal appeals court has rejected the Trump Administration’s request to delay its response to an en banc hearing request in the lawsuit challenging the mass firings at the CFPB due to the government shutdown....more

Marshall Dennehey

Florida Appellate Court Clarifies Accrual of Employment Discrimination Claims Dually Filed with EEOC and FCHR

Marshall Dennehey on

Davis v. Big Bend Hospice, Inc., No. 1D2023-2932, 2025 WL 2404935 (Fla. 1st DCA Aug. 20, 2025) - The trial court entered summary judgment in favor of the employer, who argued that the employee’s disability discrimination...more

Fox Rothschild LLP

Appellate Court Holds That a Zoning Hearing Board Cannot Provide Advisory Opinion

Fox Rothschild LLP on

A developer’s plan to transform a former monastery into a 77-unit apartment complex has been put on hold — not because of the concept, but because of a flawed zoning approval process. In DiDonato v. Ross Township Zoning...more

Marshall Dennehey

Commonwealth Court Allows Second Review Petition, Rejects Res Judicata Defense on Psychological Injury Claim

Marshall Dennehey on

Michael N. Lewis, Sr. v. City of Philadelphia (WCAB); No. 362 C.D. 2024; August 11, 2025; Judge Wolf - The Commonwealth Court has found that serial Petitions to Review may be permitted to add injuries, if they are of a...more

PilieroMazza PLLC

How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line

PilieroMazza PLLC on

When government contractors receive an adverse decision from a contracting officer, it can be difficult to balance the costs, performance risks, and impact on future opportunities while considering litigation. Fortunately,...more

Cozen O'Connor

Exception to General Refund Limitations Period for PA Corporate Net Income Tax for Report of Change

Cozen O'Connor on

In an unusually taxpayer-friendly decision, a three judge panel of the Pennsylvania Commonwealth Court concluded that Section 406 of the Tax Reform Code of 1971 (the code), 72 P.S. § 7406, is an exception to the general...more

Alston & Bird

Patent Case Summaries | Week Ending August 29, 2025

Alston & Bird on

Global Health Solutions LLC, v. Marc Selner, No. 2023-2009 (Fed. Cir. (PTAB) Aug. 26, 2025). Opinion by Stark, joined by Stoll and Goldberg. “This case marks [the Federal Circuit’s] first review of an AIA derivation...more

327 Results
 / 
View per page
Page: of 14

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide