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Administrative opinion

Administrative: Farm Equipment Manufacturers and Dealers-Regulation-Contract Clause

Defendant appealed the district court’s grant of a preliminary injunction enjoining enforcement of North Dakota Senate Bill 2289, which regulated the relationship between farm-equipment manufacturers and dealers. The district court concluded that the legislation violated manufacturers’ federal constitutional rights under ...

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Administrative: ADA-Hearing Impairment-Meaningful Access

Defendant appealed the adverse summary judgment. Plaintiffs, both hearing-impaired individuals, sued defendant under the Americans with Disabilities Act after it initially declined to offer captioning for performances at defendant’s theater in addition to ASL-interpreted performances. Defendant later agreed to provide ...

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Administrative: Disability Insurance-Denial of Benefits

Where a claimant challenged the denial of his application for disability-insurance benefits, the judgment is affirmed because substantial evidence supported the determination that his impairments did not meet or medically equal a listed impairment, and the residual functional capacity determination ...

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Administrative: Administrative Procedures Act-Dismissal-Judicial Bias and Prejudice

Plaintiff appealed the dismissal of his complaint, brought pursuant to the Administrative Procedures Act. Where the facts and law warranted dismissal of plaintiff’s claim, and where there was no basis for plaintiff’s motion asserting judicial bias and prejudice, the court ...

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Administrative: Supplemental Security Income-Severity Requirement-Weight of Expert Opinion

Plaintiff applied for supplemental security income. At a hearing where a psychological expert, plaintiff’s counselor and a vocational expert testified, the ALJ granted no weight to the counselor’s opinion and concluded that plaintiff’s impairments did not equal the severity of ...

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Administrative: Truck Inspections-Private Commercial Venture-Lack of Probable Cause

Plaintiff appealed from the district court’s denial of his request for declaratory and injunctive relief, seeking to prevent the Missouri State Highway Patrol from conducting, without probable cause, random stops and inspections of his dump truck used in furtherance of ...

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Administrative: SSDI-Disability-Residual Functional Capacity

Plaintiff appealed the district court’s judgment upholding the Social Security Administration commissioner’s decision to deny SSDI benefits to plaintiff, after an ALJ concluded that plaintiff was not under a disability and had residual functional capacity to perform light work. Where ...

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Administrative: Regulation-Wine Production-Standing to Challenge Regulation

Plaintiffs appealed from the grant of summary judgment to defendant, which held that plaintiffs lacked standing to challenge a Minnesota statute requiring them to manufacture their wine with a majority of ingredients produced in Minnesota. Where plaintiffs faced a legitimate ...

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Administrative: Taxation-Deficiency Proceeding-Attorney Fee Award

Plaintiff prevailed in a tax-deficiency proceeding. The tax court granted plaintiff’s attorney fee award, but denied an enhancement to the statutory hourly fee rate and also reduced the number of compensable hours. Where plaintiff’s case was a standard tax case ...

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Administrative: SSI and SSDI-Sequential Evaluation Process-Sufficiency of Evidence

Plaintiff appealed from the district court’s decision upholding the commissioner of Social Security’s final decision denying plaintiff’s applications for SSDI and SSI. On appeal, plaintiff argued that an administrative law judge’s findings in three steps of the statutory five-step sequential ...

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