De Novo Judicial Review

52 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Soucie v. David
  448 F.2d 1067· D.C. Cir.· 1971-04-13 ·cited 199×
  The court held that the trial court erred in not considering the Garwin Report as a record subject to the Freedom of Information Act and its exemptions.
• Frank Irey, JR., Inc. v. Occupational Safety & Health Review Comm'n
  519 F.2d 1200· 3d Cir.· 1974-11-04 ·cited 69×
  The court held that the Seventh Amendment mandates a jury trial for penalty proceedings under the Occupational Safety and Health Act.
• Bystrom v. Equitable Life Assurance Soc'y OF the United States
  416 So. 2d 1133· Fla. 3d DCA· 1982-03-31 ·cited 66×
  This case addresses the proper methodology for assessing ad valorem property taxes on the Omni International of Miami, a mixed-use shopping center-hotel complex. The court reversed and remanded the trial court's judgment because it improperly excluded actual operating income data
• Coles v. General Howard W. Penny
  531 F.2d 609· D.C. Cir.· 1976-02-23 ·cited 54×
  The thirty-day period for filing a civil action under Title VII does not begin to run until the complainant receives notice of their right to sue, even if the notice of final agency action is otherwise adequate.
• Major Coat Co., Inc. v. The United States
  543 F.2d 97· Ct. Cl.· 1976-10-20 ·cited 50×
  The Court held that the value of Government-Furnished Property (GFP) should be included in net renegotiable sales and profit calculations, as the bailment system allocated risks and burdens similar to purchasing materials. The trial judge's exclusion of GFP value for alleged fina
• Anton E. Sperling v. United States
  515 F.2d 465· 3d Cir.· 1975-05-02 ·cited 46×
  The court held that Section 717 of the Equal Employment Opportunity Act of 1972 applies retroactively to cases pending administrative review at its enactment, and that federal employees are entitled to a de novo trial in district court, not merely review of the administrative rec
• Milano v. Bowen
  809 F.2d 763· 11th Cir.· 1987-02-12 ·cited 37×
  The court held that a de minimus procedural default in submitting new evidence one day after an extended deadline can satisfy the 'good cause' requirement for remand under 42 U.S.C. § 405(g).
• Smith v. Bowen
  792 F.2d 1547· 11th Cir.· 1986-07-07 ·cited 33×
  The court held that the district court erred by not addressing legal issues and new evidence, requiring a remand to the Secretary for reconsideration of the claimant's case.
• Alfred A. Knopf, Inc. v. Colby
  509 F.2d 1362· 4th Cir.· 1975-02-07 ·cited 33×
  The court held that the presumption of regularity applies to the classification of information, and the Freedom of Information Act, as amended, allows for de novo judicial review of classification, shifting the burden to the agency to justify withholding information.
• Harrison E. Salisbury v. United States
  690 F.2d 966· D.C. Cir.· 1982-09-21 ·cited 30×
  The court held that the NSA properly withheld documents under FOIA exemption 1 and that the district court did not err in dismissing the tort claim without presuming interception, given the assertion of the state secrets privilege.
• DOE v. Anrig
  692 F.2d 800· 1st Cir.· 1982-11-08 ·cited 28×
  The court affirmed the district court's findings, agreeing that the district court reached an acceptable result despite not properly articulating the standards.
• Mason & Hanger-Silas Mason Co., Inc. v. The United States
  518 F.2d 1341· Ct. Cl.· 1975-06-25 ·cited 24×
  The dissenting judge argues the court is not adhering to precedent by failing to require the government to prove its case for excessive profits and is penalizing contractor efficiency.
• Sandnes' Sons, Inc. v. The United States
  462 F.2d 1388· Ct. Cl.· 1972-07-14 ·cited 24×
  The court held that a contractor who voluntarily enters into government contracts subject to the Renegotiation Act waives the right to challenge the Act's collection procedures on due process grounds, especially when the government has a significant interest in prompt recovery of
• Cook v. PAN Am. World Airways, Inc.
  771 F.2d 635· 2d Cir.· 1985-08-22 ·cited 22×
  The court held that the plaintiffs' claims under the Age Discrimination in Employment Act (ADEA) and New York Human Rights Law were not barred by the prior Civil Aeronautics Board (CAB) order, as the CAB lacked the authority to adjudicate age discrimination claims and the ADEA pr
• Commonwealth OF Pa. v. United States
  781 F.2d 334· 3d Cir.· 1986-01-06 ·cited 21×
  States are strictly liable for financial losses from erroneous food stamp benefit issuances, but federal agencies cannot assess interest on such debts without specific statutory authorization.
• Meliezer v. Resolution Tr. Co. for Home Sav. & Loan Ass'n
  952 F.2d 879· 5th Cir.· 1992-02-05 ·cited 19×
  The court held that failure to exhaust administrative remedies under FIRREA, even if the RTC failed to provide proper notice, deprives federal courts of subject matter jurisdiction.
• L.A. Linsteadt and Wannelle Linsteadt v. Internal Revenue Serv. & Roscoe L. Egger
  729 F.2d 998· 5th Cir.· 1984-04-16 ·cited 19×
  The court held that while 26 U.S.C. § 6103 provides criteria for nondisclosure under FOIA Exemption 3, the agency's denial of disclosure is reviewable under the Freedom of Information Act, with the government bearing the burden of proof. However, the court affirmed the district c
• Shirey v. Devine
  670 F.2d 1188· D.C. Cir.· 1982-01-08 ·cited 19×
  The court held that the Rehabilitation Act's affirmative action mandate does not require federal agencies to grant competitive service status to handicapped individuals hired through the excepted service program.
• Goldberg v. U.S. Dep't of State
  818 F.2d 71· D.C. Cir.· 1987-05-08 ·cited 16×
  The court held that the initial 'unclassified' marking on documents does not, by itself, create a material issue of fact sufficient to defeat summary judgment when the agency provides a detailed affidavit justifying a later reclassification under Exemption 1 of FOIA.
• Hyman Rosenfeld v. Dep't OF the Army
  769 F.2d 237· 4th Cir.· 1985-08-14 ·cited 16×
  A Civil Service Commission determination of mental disability does not have collateral estoppel effect in a subsequent Age Discrimination in Employment Act (ADEA) suit, as federal anti-discrimination statutes presume judicial resolution of such claims.
• De Volld v. Bailar
  568 F.2d 1162· 5th Cir.· 1978-03-03 ·cited 13×
  The court held that the district court properly dismissed the case as moot because the administrative award of the promotion to another qualified Mexican-American clerk rendered it impossible for the plaintiff to prove that discrimination was the 'but for' cause of her non-promot
• Atari Games Corp. v. Oman
  888 F.2d 878· D.C. Cir.· 1989-10-31 ·cited 10×
  The court remands the case to the Register of Copyrights for an adequate explanation of its denial of Atari's registration application.
• Hollywood Jaycees & Hollywood Hills Private Sch. v. State
  306 So. 2d 109· Fla.· 1974-11-20 ·cited 10×
  The Florida Supreme Court held that the Department of Revenue violated due process when it invalidated a tax exemption granted by the Broward County Board of Tax Adjustment without providing notice, hearing, or written findings to the taxpayers. The Court found the statute facial
• Joseph E. Seagram & Sons, Inc. v. Honorable Douglas Dillon
  344 F.2d 497· D.C. Cir.· 1965-01-21 ·cited 8×
  A court cannot set aside an administrative ruling based on evidence not presented to the administrator, but may allow resubmission of the label with supporting evidence.
• DOE v. Fed. Bureau OF Investigation
  936 F.2d 1346· D.C. Cir.· 1991-06-28 ·cited 6×
  The FBI may exempt its Letterhead Memorandum (LHM) from the Privacy Act's amendment requirements under subsections (j) and (k) because the LHM is exemptible as a matter of law and the FBI acted reasonably in exempting it.
• Birkenholz v. Sluyter
  857 F.2d 1214· 8th Cir.· 1988-09-27 ·cited 6×
  The court held that the defendants are entitled to qualified immunity because the plaintiff's due process rights were not clearly established at the time of the alleged violation, given the availability of state remedies.
• N. Am. Coal Corp. v. Dir., Off. OF Workers' Comp. Programs, United States Dep't OF Labor, & Rochino Ariotti
  854 F.2d 386· 10th Cir.· 1988-08-18 ·cited 6×
  The court held that the Secretary of Labor's amendment extending the Black Lung Act benefits filing deadline was validly promulgated under the Administrative Procedure Act's good cause exception, despite lack of notice and comment.
• Haskell v. United States Dep't OF Agric.
  930 F.2d 816· 10th Cir.· 1991-04-16 ·cited 4×
  The court held that transaction reports prepared during an FNS investigation are admissible under the business records exception to the hearsay rule, and that the store owner received adequate due process. The court affirmed the district court's decision upholding the permanent d
• Freedman v. United States Dep't of Agric.
  926 F.2d 252· 3d Cir.· 1991-02-11 ·cited 4×
  An innocent grocery store owner participating in the Food Stamp Program can be subject to a civil money penalty for a clerk's independent trafficking violations, even if the owner had no knowledge of or benefit from the violations, provided the owner had implemented an effective
• The Wash. Post Co. v. United States Dep't OF State
  840 F.2d 26· D.C. Cir.· 1988-02-05 ·cited 4×
  The court held that summary judgment was improper because a factual dispute existed regarding the potential harm from disclosing Dr. Yazdi's citizenship status, requiring an evidentiary hearing.
• Ross v. Mahlon Martin
  800 F.2d 808· 8th Cir.· 1986-09-15 ·cited 4×
  The Arkansas Tax Procedure Act, both on its face and as applied, satisfies the Due Process Clause of the Fourteenth Amendment by providing adequate notice and opportunity to protest tax assessments.
• DOE v. United States
  781 F.2d 907· D.C. Cir.· 1986-01-17 ·cited 4×
  The court held that an agency must decide where the truth lies when faced with conflicting accounts of an interview, and the district court must redetermine the matter de novo if the agency accepts its security agent's version.
• Lazaro v. United States Dep't of Agric.
  186 F. Supp. 2d 1203· M.D. Fla.· 2001-08-24 ·cited 2×
  The court held that the statute does not prohibit preliminary injunctive relief for permanent disqualification from the Food Stamp Program, even for trafficking violations, and that the plaintiff met the prerequisites for such relief.
• Orion Pictures Corp. v. Writers Guild OF Am.
  946 F.2d 722· 9th Cir.· 1991-10-15 ·cited 2×
  A district court lacks jurisdiction to vacate an arbitrator's preliminary ruling on arbitrability under LMRA § 301, as such awards are not final, nor can it decide arbitrability de novo under the Declaratory Judgment Act if the party has already submitted the issue to the arbitra
• Sohappy v. Hodel
  911 F.2d 1312· 9th Cir.· 1990-08-03 ·cited 2×
  The court held that the 1945 Act clearly intended for in-lieu fishing sites to be subject to the same conditions as the original treaty grounds, which included the maintenance of year-round structures, thus invalidating the regulation prohibiting them.
• Wall v. United States
  871 F.2d 1540· 10th Cir.· 1989-03-31 ·cited 2×
  The Federal Circuit has exclusive jurisdiction to review the Merit Systems Protection Board's determination that an employee's retirement was voluntary, and a district court lacks subject matter jurisdiction for a de novo action in such cases.
• McCLELLAN Ecological Seepage Situation v. Carlucci
  835 F.2d 1282· 9th Cir.· 1987-12-31 ·cited 2×
  The court held that the requesters failed to demonstrate that disclosure of the requested information would likely contribute significantly to public understanding of government operations, thus not entitling them to a full fee waiver under FOIA.
• Am. Civil Liberties Union v. Brown
  609 F.2d 277· 7th Cir.· 1979-06-07 ·cited 2×
  The court held that the state secrets privilege was not meritorious for the Army Regulations and Field Manual at issue, given the existing protective order and the cessation of domestic intelligence activities.
• Martinez v. Sec'y, Dept. of Homeland SEC.
  670 F. Supp. 2d 1325· M.D. Fla.· 2009-11-12 ·cited 1×
  The court held that once a district court acquires jurisdiction over a delayed naturalization application under 8 U.S.C. § 1447(b), that jurisdiction is exclusive, divesting USCIS of authority to rule on the application.
• Young v. Cent. Intelligence Agency
  972 F.2d 536· 4th Cir.· 1992-07-23 ·cited 1×
  The court held that the district court did not abuse its discretion in refusing to conduct an in camera inspection of documents or in quashing a subpoena duces tecum.
• Anzio Ironworks Corp. v. Gerber
  M.D. Fla.· 2022-05-12
  The court held that Anzio Ironworks willfully violated federal firearms regulations by operating from an unlicensed premises, authorizing the ATF to revoke its license and deny its application.
• BFMM Co., LLC v. United States
  S.D. Fla.· 2022-03-29
  The court held that the plaintiff failed to raise a genuine issue of material fact regarding SNAP trafficking, entitling the government to summary judgment.
• Strang v. United States Arms Control & Disarmament Agency
  920 F.2d 30· D.C. Cir.· 1990-11-30
  The court held that the district court erred by conducting an ex parte hearing and relying on undisclosed evidence to grant summary judgment.
• Truitt v. Dep't OF State
  897 F.2d 540· D.C. Cir.· 1990-02-27
  An agency cannot refuse to search a file for requested documents if it becomes aware that the file likely contains responsive materials, even if the initial request was vague. The district court's summary judgment was vacated due to insufficient findings on agency exemption claim