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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)

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 ...

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 ...

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 ...

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 ...

Tagged with: denial of benefits Residual Functional Capacity

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 ...

Tagged with: Real Property Taxation Valuation Approach

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 ...

Tagged with: Farm Ownership jurisdiction Quiet Title

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. ...

Tagged with: Resale Exemption sales tax

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 ...

Tagged with: trademark infringement Use in Commerce Element Voluntary Dismissal without Prejudice

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 Evidence

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 ...

Tagged with: Denial Of Application disability benefits Residual Functional Capacity