-
597 So. 2d 952·
Fla. 1st DCA·
1992-05-11
·cited 42×
Two juveniles appealed their adjudications of delinquency for escape from residential commitment facilities under Florida's juvenile escape statute. The court reversed, finding that the statute unconstitutionally delegated legislative authority to the Department of Health and Reh
-
76 So. 2d 291·
Fla.·
1954-12-10
·cited 38×
The Florida Supreme Court affirmed a judgment awarding compensation to a hog owner whose animals were destroyed due to Vesicular Exanthema, holding that the Florida Livestock Board's regulations effectively postponed the garbage-cooking requirement's compliance deadline from Augu
-
582 F.2d 77·
1st Cir.·
1978-06-21
·cited 26×
The Nuclear Regulatory Commission has the authority to condition the licensing of a nuclear power plant on the rerouting of transmission lines to minimize environmental impact, as transmission lines can be considered part of a 'utilization facility' under the Atomic Energy Act an
-
335 F.2d 255·
9th Cir.·
1964-07-27
·cited 24×
The court held that the Federal Maritime Commission lacked the statutory authority to promulgate Rule of Practice 12(k) concerning discovery and production of documents, as such power was not explicitly granted by Congress and was inconsistent with the agency's general statutory
-
724 F.2d 753·
9th Cir.·
1984-01-24
·cited 20×
The observer program does not constitute a "search" within the meaning of the Fourth Amendment because the tuna boat captains failed to exhibit a reasonable expectation of privacy.
-
540 F.2d 71·
3d Cir.·
1976-06-09
·cited 20×
The court held that the ICC's regulations denying rent to a railroad for the use of its lines by a directed carrier during unprofitable operations are a valid exercise of the ICC's authority and do not constitute a Fifth Amendment taking requiring compensation.
-
582 So. 2d 660·
Fla. 1st DCA·
1991-06-13
·cited 19×
A licensed harbor pilot challenges a $500 fine imposed by the Department of Professional Regulation for negligence in piloting a vessel that struck the channel embankment. The court reverses because the Board improperly adopted and applied a legal presumption of negligence withou
-
655 F.2d 805·
7th Cir.·
1981-08-03
·cited 16×
The dissenting judge would reverse the district court's judgment, arguing that the regulation clearly permits the use of personal sampling devices.
-
407 So. 2d 263·
Fla. 3d DCA·
1981-12-08
·cited 12×
The court held that the Division of Pari-mutuel Wagering improperly denied Gulfstream's quarterhorse racing permit application based on a one-year usage requirement not present in the statute at the time.
-
111 So. 2d 746·
Fla. 1st DCA·
1959-05-07
·cited 9×
The Florida Board of Conservation appealed from an injunction prohibiting enforcement of Rule 12, which extended the statutory closed oyster season to privately leased beds. The court affirmed that the Board lacked statutory authority to impose a closed season on cultivated oyste
-
593 So. 2d 1183·
Fla. 1st DCA·
1992-02-14
·cited 8×
Katherine Chandler appealed an order requiring her to repay AFDC overpayments received due to HRS error. The court reversed, holding that HRS's administrative rule creating a conclusive presumption against hardship based on income level violated due process and that HRS lacked au
-
944 F.2d 922·
D.C. Cir.·
1991-09-03
·cited 8×
Union-salaried attorneys may recover reasonable attorneys' fees under the Back Pay Act for representing an employee in grievance and unfair labor practice proceedings, measured at market rates rather than organizational costs, when the fees are deposited into a separate legal rep
-
483 So. 2d 28·
Fla. 1st DCA·
1985-12-17
·cited 6×
The Florida Department of Professional Regulation challenged an administrative hearing officer's decision that the final sentence of a construction licensing board rule was an invalid exercise of delegated legislative authority. The court affirmed, holding that the rule making fa
-
826 F.2d 1388·
4th Cir.·
1987-09-01
·cited 2×
The court held that the Secretary's regulation limiting offsets to concurrent state awards is valid and consistent with the Act, and therefore, a prior state award does not offset a federal black lung benefits award.
-
638 F.2d 203·
10th Cir.·
1980-12-29
·cited 2×
The court held that the state's denial of general assistance (GA) to recipients of federal Supplemental Security Income (SSI) does not violate constitutional rights and is a rational exercise of state authority to coordinate welfare programs and prevent double payments.
-
72 So. 2d 804·
Fla.·
1954-05-07
·cited 2×
Registered optometrists challenged seven rules promulgated by the Florida State Board of Optometry governing advertising and professional conduct as ultra vires. The Florida Supreme Court upheld the rules as valid exercises of the Board's broad statutory authority to make rules a
-
Fla. 1st DCA·
2020-03-24
The State appealed the dismissal of criminal charges against Rachel Scharlepp, who was accused of Medicaid fraud. The trial court found the statute unconstitutional as applied, but the appellate court reversed, holding that the statute did not violate the nondelegation doctrine o
-
411 F.2d 1353·
C.C.P.A.·
1969-07-03
The court held that the Patent Office cannot reject all of an inventor's claims merely because an examiner deems the number of claims burdensome, as this exceeds the scope of 35 U.S.C. § 112.