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Administrative opinion

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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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 ...

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Administrative Law: Disability Benefits-Denial of Application-Residual Functional Capacity

Where a claimant of disability benefits challenged the denial of her application, substantial evidence supported the administrative law judge’s finding of residual functional capacity related to her right hand, so the judgment is affirmed. Judgment is affirmed. Pemberton v. Saul ...

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Administrative Law: Failure to Exhaust-State Contract Awards-Procurement Laws

Where a vendor that was an unsuccessful bidder for state contract awards argued that the state violated procurement requirements, the vendor failed to show that it exhausted administrative remedies, so the trial court did not err in dismissing the relevant ...

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Administrative: State Agency Purchase of Land-Constitutional Authority to Acquire Land

Plaintiffs appealed from the trial court’s grant of summary judgment to the state in their action challenging legislation imposing requirements on a state agency’s purchase of land. The legislation had imposed certain notice and hearing requirements on the Department of ...

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Administrative Law: Social Security Disability Insurance-Denial of Benefits-Administrative Hearing

Plaintiff appealed from the district court’s order with the help from a social security disability lawyer affirming the denial of Social Security disability insurance benefits to plaintiff. The most important reason to hire an attorney to help with your disability case ...

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