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15 Apr 2020, 7:19 am by Matt Pulle
In a ruling that will provide immediate help to many ERISA disability claimants, the United States Court of Appeals for the Sixth Circuit recently held that a plan administrator cannot require a claimant to exhaust his or her administrative remedies unless the relevant plan document specifically discusses required internal appeal procedures. [read post]
10 Sep 2010, 10:00 am by Patrick McKinney
Insurance Company of the State of Pennsylvania: Does a proceeding before the United States Department of the Interior Board of Contract Appeals constitute a “suit” such as to trigger insurance coverage under a commercial general liability policy? [read post]
22 Apr 2024, 8:15 am by Unreported Opinions
Administrative law — Public Information Act — Tax Refund Intercept Program This appeal arises from a complaint filed in the Circuit Court for Baltimore County, by John A. [read post]
16 Dec 2009, 5:32 am by Lawrence Solum
The national government of the United States was an administrative government from the very beginning of the Republic. [read post]
27 Sep 2016, 12:31 pm by ktidgren
Last Friday, the United States Court of Appeals for the District of Columbia vacated guidance from the Occupational Safety and Health Administration (OSHA). [read post]
27 Aug 2014, 3:21 am by Immigration Prof
The UC Hastings Center for Gender & Refugee Studies issued this press release late yesterday: The Board of Immigration Appeals (BIA), the highest administrative immigration court in the United States, published a landmark decision today in Matter of A-R-C-G-. [read post]
5 Aug 2019, 8:00 am by Robert Kreisman
Under the Federal Tort Claims Act, a plaintiff may bring a medical malpractice claim against the United States only after exhausting administrative remedies. 28 U.S.C. [read post]
11 Jan 2017, 10:36 am by Blake Osborn
Just before the clock struck 2017, the United States Court of Appeals for the Tenth Circuit weighed in on the constitutionality of the United States Securities and Exchange Commission’s (“SEC” or “Commission”) administrative law judges. [read post]
3 Aug 2020, 8:18 am by Kayla Campbell
May 11, 2020) (holding that the court did not have jurisdiction to hear the claim when the defendant failed to exhaust administrative remedies); United States v. [read post]
11 Aug 2017, 8:00 am by Robert Kreisman
The family of Deweese — through an administrator of his estate — brought a survival and wrongful-death claim against the United States pursuant to the Federal Torts Claims Act (FTCA). 28 U.S.C. [read post]
26 Jan 2023, 12:42 pm by Elaine Hou
The latest variant of the epidemic of constitutional challenges to federal administrative adjudicators was blocked by the Court of Appeals for the Federal Circuit (CAFC) when it rebuffed a series of arguments challenging the appointment of Administrative Judges (AJs) of the Merit Systems Protection Board (MSPB). [read post]
26 Feb 2018, 3:00 pm
The Trump administration appealed the California decision to the Court of Appeals for the Ninth Circuit, and also simultaneously sought review by the Supreme Court, asking it to take the case before an appeals court ruling. [read post]
9 Feb 2016, 7:57 am by The Health Law Partners
These delays are most significant at the third level of appeal, i.e., the Administrative Law Judge (ALJ) stage of appeal. [read post]
28 Feb 2020, 8:13 pm by Tom Smith
A federal appeals court on Friday upended a central pillar of the Trump administration’s immigration agenda, ruling that asylum seekers must once again be allowed into the United States while their cases weave through American immigration courts.After a year in which nearly a million migrants crossed the southwestern border, jamming processing facilities and defying President Trump’s attempts to curtail immigration, border crossings have dropped sharply in… [read post]
22 Jan 2011, 7:06 pm by Matt Conigliaro
By this administrative rule, appeals filed by mail are considered filed when postmarked by the United States Postal Service. [read post]
9 Feb 2016, 1:57 pm
These delays are most significant at the third level of appeal, i.e., the Administrative Law Judge (ALJ) stage of appeal. [read post]
9 Feb 2016, 1:57 pm
These delays are most significant at the third level of appeal, i.e., the Administrative Law Judge (ALJ) stage of appeal. [read post]
28 Aug 2014, 5:00 am by J Robert Brown Jr.
Even if the case is ultimately a loser, its possible that it will make available plenty of information useful in the administrative proceeding (and the eventual appeal to the United States Court of Appeals). [read post]