City of Kansas City v. Troyer (MLW No. 79655/Case No. WD85432 – 13 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Jackson County, Weir, J. (Phillip J. Troyer, appellant pro se) (Julie Anne Wikle Sims, Kansas City, for respondent)Read More »
Administrative Law: Servicemember Vaccination Requirements-Denial of Religious Exemptions-Preliminary Injunctive Relief
Roth v. Austin (MLW No. 79602/Case No. 22-2058 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, District of Nebraska, Buescher, J. (Kris William Kobach, of Lecompton, KS for appellants; Rachel Louise Jag, of Washington, D.C.; Jessica Hart Steinmann, of Conroe, TX; Craig William Trainor, of Washington, D.C.; and Pamela Jo Bondi, of Washington, D.C. on the brief) (Casen Ross, of Washington, D.C. for appellees; Daniel Winik, of Washington, D.C. and Sarah Jane Clark, of Washington, D.C. on the brief)Read More »
Administrative Law: Social Security-Disability-Residual Functioning Capacity-Sufficiency of Evidence
Plaintiff appealed the district court’s judgment affirming defendant’s denial of plaintiff’s application for Social Security disability benefits. An ALJ ruled that plaintiff was not disabled because she had a residual functioning capacity to perform light work with limitations that existed ...Read More »
Administrative Law: Social Security Disability-Denial Of Benefits-Treating Source Rule
Where appellant challenged the denial of disability insurance benefits, arguing that the administrative law judge erred in evaluating the opinion of her one-time treating doctor under Section 404.1520c, the ALJ properly evaluated the opinion since the regulation applied to claims ...Read More »
Administrative Law: Social Security Disability-Denial of Benefits-ALJ Appointment
Where appellant challenged the denial of Social Security disability benefits, the acting commissioner was properly serving in her role when she ratified the appointment of the administrative law judge who oversaw the case, so the ALJ had authority over the ...Read More »
Administrative Law: Denial of Benefits-Residual Functional Capacity
Where a claimant challenged the denial of his claim for disability insurance benefits and supplemental security income, the adverse decision was supported by substantial evidence, including the residual functional capacity finding and the conclusion based on vocational expert testimony that ...
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Administration: Taxation-Real Property-Valuation Approach
Where assessors challenged a trial court judgment affirming a State Tax Commission order establishing the value of two low-income housing properties for certain tax years, the commission’s choice and application of the income approach to valuing the properties was reasonable ...
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Administrative Law: Farm Ownership-Quiet Title-Jurisdiction
Where farm owners, who brought a quiet title action in North Dakota against defendants who claimed an interest in the farm, challenged the dismissal of their advocacy proceeding in which they sought a declaratory judgment that they held legal and ...
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Administrative Law: Sales Tax-Resale Exemption
Petitioner sought review of the administrative hearing decision that ruled petitioner was not entitled to the resale exception from sales tax and therefore was liable for tax on furnishings it sold to a hotel chain for use in guest rooms. ...
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Trademark Infringement-Use in Commerce Element-Voluntary Dismissal without Prejudice
Defendants appealed from the grant of plaintiff’s motion to voluntarily dismiss without prejudice. Plaintiff had alleged that defendants advertised and marketed an infringing product but never actually manufactured it or delivered it to customers. Defendants moved to dismiss, arguing that ...
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Administrative Law: SSDI-Evidence of Disability-Weight of Evidence
Plaintiff appealed from the denial of her application for disability insurance benefits. Where the administrative law judge was entitled to discount plaintiff’s subjective complaints as inconsistent with the medical evidence, and there was substantial evidence to support finding that plaintiff ...
Tagged with: Evidence of Disability SSDI Weight of EvidenceRead More »