In these two consolidated cases, plaintiffs Nader Automotive Group, LLC, and its general manager, Nader Eghtesad, (collectively Nader) protested Nader‟s termination as franchised dealers of Volkswagen of America, Inc., and Audi of America, Inc., the real parties in interest. The New Motor Vehicle Board (board) dismissed the protests based on Nader‟s failure to comply with authorized discovery ... More...   $0 (11-09-2009 - CA)

We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (“Boardâ€�) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDAâ€�)–approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmaciesâ... More...   $0 (10-30-2009 - WA)

This is a consolidated appeal from a decision of the Court of Appeals in an attorney/ malpractice action and an insurance company/ bad faith action arising out of a workers compensation case. Both the successful litigant at the trial and appellate level, the Landrum 8, Shouse law firm, and the unsuccessful litigant, Kuhlman Electric Corporation, petitioned this Court for discretionary review. The ... More...   $0 (10-29-2009 - KY)

This appeal follows the summary dismissal of an action for

wrongful termination of a contract for an in-home caregiver by the Department of Social

and Health Services (DSHS). DSHS terminated the contract after an investigator

concluded that the caregiver was guilty of neglect. Later appeals tribunals reversed the

finding of neglect. But the contract also a... More...   $0 (10-23-2009 - WA)

This appeal arises from a civil administrative action by the Consumer Protection Division of the Maryland Office of the Attorney General (“CPDâ€�) against appellants Julia B. Passyn, Theodore B. Passyn, Theodore B. Passyn, III (“the Passynsâ€�), and Bayly Crossing, LLC. CPD charged appellants with failing to register under the Home Builder Registration Act (“HBRAâ€�), Maryland Code (2004 Rep... More...   $0 (10-13-2009 - MD)

USCOC of Greater Missouri commenced this action against the City of Ferguson, alleging that the City violated its rights under the Telecommunications Act (TCA), 47 U.S.C. § 332(c)(7), by failing to act on its applications for zoning variances and a special use permit within a reasonable period of time and by denying them without substantial evidence in a written record. The district court1 grante... More...   $0 (10-09-2009 - MO)

In this appeal, Plaintiff-Appellant Kevin Rabbers (“Rabbersâ€�) challenges the district court’s decision affirming the denial of his application for disability insurance benefits by Defendant-Appellee Commissioner of Social Security (“Commissionerâ€�). Rabbers argues that the Administrative Law Judge (“ALJâ€�) failed to make specific findings regarding the severity of his mental impairment... More...   $0 (10-05-2009 - MI)

¶1 The first impression issue in this case is whether a certified nurse aide's photocopying a resident's medication record and releasing it to the Equal Employment Opportunity Commission (EEOC) requires the Oklahoma State Health Department (the Department) to make a finding of misappropriation of a resident's property and place the finding on the Oklahoma Nurse Aide Registry pursuant to title 42,... More...   $0 (09-15-2009 - OK)

This case presents the question of how a district court should apply the abuse of discretion standard when reviewing a decision by the administrator of an employee benefits plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U.S.C. §§ 1001-1461, when that administrator has a conflict of interest. We conclude that a reviewing court must take ... More...   $0 (09-14-2009 - CA)

Plaintiff-appellant Regina Beinlich appeals from the district court’s affirmance of the denial of her application for Supplemental Security Income (“SSIâ€�) benefits under Title XVI of the Social Security Act (“the Actâ€�). The Administrative Law Judge (“ALJâ€�) denied the plaintiff benefits because he found that there were a sufficient number of jobs in the national economy that she could... More...   $0 (09-09-2009 - OH)

An administrative law judge ruled that defendant California Public Employees Retirement System (CalPERS) had underpaid retirement benefits to Clarence Alexander and his widow by more than $3 million (plus interest). CalPERS rejected this proposed decision and opted to decide the case itself upon the record, including the transcript. Plaintiffs, who are pursuing the claim on behalf of Alexander‟s... More...   $0 (09-08-2009 - CA)

David Sandifer appeals the district court’s1 order affirming the denial of supplemental security income and disability insurance benefits. Under the applicable standard of review, see Mueller v. Astrue, 561 F.3d 837, 840 (8th Cir. 2009), we find no basis for reversal.

Sandifer alleged disability since October 1999 from, among other things, multiple musculoskeletal problems, depression, an... More...   $0 (09-04-2009 - MO)

Jill Tilley appeals from the district court’s judgment affirming the denial of her application for disability insurance benefits pursuant to Title II of the Social Security Act, 42 U.S.C. § 401, et seq. We reverse and remand.

I. Background

To qualify for disability insurance benefits, Tilley was required to establish that she was disabled before her insurance expired on September ... More...   $0 (09-01-2009 - AR)

Steffan Hobbs, by and through his parents as next friends, sued several employees of the New Mexico Human Services Department (“NMHSDâ€�) following that agency’s denial of Hobbs’ application for Medicaid benefits. NMHSD’s denial turned on its determination that a certain trust was a “countable resourceâ€� because the trust was not being administered for Hobbs’ sole benefit. Hobbs advan... More...   $0 (09-01-2009 - NM)

In January 2007, Gregory J. Maddalone, the appellee, was fired from his “Administrator VI� job with the Maryland Department of Transportation (“MDOT�), the appellant. As he acknowledges, that job was the last in a series of patronage positions he held during the administration of Governor Robert L. Ehrlich, Jr., for whom he had worked and campaigned.

Maddalone challenged his termina... More...   $0 (08-31-2009 - MD)

In January 2007, Gregory J. Maddalone, the appellee, was fired from his “Administrator VI� job with the Maryland Department of Transportation (“MDOT�), the appellant. As he acknowledges, that job was the last in a series of patronage positions he held during the administration of Governor Robert L. Ehrlich, Jr., for whom he had worked and campaigned.

Maddalone challenged his termina... More...   $0 (08-31-2009 - MD)

Appellant challenges a final order of the administrative law judge (ALJ) upholding the validity of Rule 14-10.007(2)(b) of the Florida Administrative Code. We conclude that Rule 14-10.007(2)(b), which allows the Florida Department of Transportation (FDOT) to revoke the license of a nonconforming advertising sign based on a change in the height above ground level (HAGL) of the sign, is not supporte... More...   $0 (08-29-2009 - )

In these consolidated appeals, St. Vincent’s Medical Center, Inc., William H. Long, M.D., and North Florida Obstetrics and Gynecology, P.A., challenge a final order of the Division of Administrative Hearings (DOAH) in which the administrative law judge (ALJ) held that the child of Robert and Tammy Bennett, appellees, did not qualify for coverage by the Florida Birth-Related Neurological Injury C... More...   $0 (08-21-2009 - FL)

A licensed contractor was cited for six violations of state contractor law and ordered to pay civil penalties and compensation to the injured homeowner. He challenged the citation, which was upheld by the Registrar of Contractors after an administrative hearing at which the violations were found true by a preponderance of the evidence. The contractor argues the standard of proof should have been c... More...   $0 (08-18-2009 - CA)

This case presents our first opportunity to examine the substantive requirements necessary to establish a claim under the whistleblower-protection provisions of the Sarbanes-Oxley Act, 18 U.S.C. § 1514A. Plaintiffs Shawn and Lena Van Asdale appeal from the district court’s summary judgment in favor of their former employer, International Game Technology (“IGTâ€�), on their claim of retaliator... More...   $0 (08-13-2009 - CA)

Auto-Owners Insurance Company appeals from the denial of its motion to vacate and/or stay this declaratory judgment action to determine coverage under an insurance policy, following this court's reversal and remand of the companion tort action for damages. In the alternative, Auto-Owners contends the circuit court erred in finding Marion Eadon d/b/a C&B Fabrication an insured under the policy, th... More...   $0 (08-06-2009 - SC)

Edward Raybourne suffers from a number of degenerative conditions in his right foot, and especially in his great right toe. In 2003 he stopped working because of the severe pain that these conditions cause. Raybourne initially received long-term disability benefits under his employer’s group benefit plan, which is insured by Cigna Life Insurance Company of New York. However, two years later Cign... More...   $0 (08-06-2009 - IL)

Defendants, City of East Orange, East Orange Board of Police Commissioners and East Orange Police Department, appeal from a final judgment awarding damages in the amount of $592,628 to plaintiff, Francis DeHerde, a retired East Orange police officer, for back salary and past and future pension benefits owed to him for alleged service as a de facto police sergeant or lieutenant, supervising the Tra... More...   $0 (07-30-2009 - )

Tracy Herrera-Gallegos hurt her back badly while moving a heavy box for H & H Delivery. Both the administrative law judge and the Workers Compensation Board concluded that she was permanently and totally disabled, meaning that she was unable to engage in any substantial or gainful employment.

Her employer argues that the Board's decision was based on flawed evidence, that her failure to see... More...   $0 (07-24-2009 - KS)

Appellant, the Commodity Futures Trading Commission (“CFTCâ€�), appeals from the district court’s non-jury trial order granting judgment in favor of Appellee, Forex Capital Markets (“FxCMâ€�), on the CFTC’s claim that FxCM should be held vicariously liable under 17 C.F.R. § 1.2 for Gibraltar Monetary Corporation, Inc.’s (“GMCâ€�) violations of the Commodities Exchange Act (“CEAâ€�) ... More...   $0 (07-21-2009 - FL)