Due Process In Administrative Proceedings

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

• Hickey v. Reeves F. Wells
  91 So. 2d 206· Fla.· 1956-11-07 ·cited 45×
  Harold Hickey, a dentist, challenges his three-year suspension from practice imposed by the Florida State Board of Dental Examiners for allegedly employing an unlicensed dental technician. The Supreme Court reverses, holding that the accusation was inadequately specific and the B
• Nat'l Labor Relations Bd. v. ARA Servs., Inc.
  717 F.2d 57· 3d Cir.· 1983-09-09 ·cited 44×
  The court held that appellate courts must enforce National Labor Relations Board orders if the Board's construction of the NLRA is permissible, even if not required.
• The Cleveland Elec. Illuminating Co. v. Env't Prot. Agency
  572 F.2d 1150· 6th Cir.· 1978-02-13 ·cited 44×
  The court held that the EPA's informal rulemaking procedures for the sulfur dioxide control plan were consistent with the Clean Air Act and the Administrative Procedure Act, and that the State of Ohio's petition for further delay was rejected due to its history of non-compliance.
• Nat'l Labor Relations Bd. v. Heath TEC Division/SAN Francisco
  566 F.2d 1367· 9th Cir.· 1978-01-05 ·cited 44×
• Balaji Doraiswamy v. Secretary OF Labor
  555 F.2d 832· D.C. Cir.· 1976-11-26 ·cited 44×
  The court held that judicial review of the Secretary of Labor's denial of labor certifications is limited to the administrative record, and the burden is on the alien or employer to prove the unavailability of qualified American workers.
• Marcelino Martin-Mendoza v. Immigr. & Naturalization Serv.
  499 F.2d 918· 9th Cir.· 1974-07-01 ·cited 44×
  The court held that the petitioner's deportation order was valid, rejecting claims of insufficient efforts to locate a witness, improper use of an affidavit, lack of an 'entry', and denial of appointed counsel.
• Rev. Chester O. Thompson v. Washington
  497 F.2d 626· D.C. Cir.· 1973-12-10 ·cited 44×
  Tenants of low-rent public housing are entitled to notice of proposed rent increases and an opportunity to present written objections.
• Private Michael Leonard Helwick v. Melvin Laird as Secretary of Defense
  438 F.2d 959· 5th Cir.· 1971-02-16 ·cited 44×
  The court held that the Army's denial of a conscientious objector discharge lacked a basis in fact, both regarding the sincerity of the applicant's beliefs and the timing of his objection.
• United States v. Claud Michael Kember
  437 F.2d 534· 9th Cir.· 1970-12-09 ·cited 44×
  The court held that there was a basis in fact in the agency record for classifying the appellant I-A, and that his due process rights were not violated.
• Cella v. United States
  208 F.2d 783· 7th Cir.· 1953-12-02 ·cited 44×
  The court held that the Judicial Officer's order suspending petitioner's registration was supported by substantial evidence and that petitioner received a full and fair hearing, affirming the suspension.
• Imboden v. United States
  194 F.2d 508· 6th Cir.· 1952-02-06 ·cited 44×
  The court held that the trial judge's instructions to the jury were proper and that there was a basis in fact for the appellant's 1-A classification, and that his due process rights were not violated.
• Queen Mary Rests. Corp. & Q. M. Foods, Inc. v. Nat'l Labor Relations Bd.
  560 F.2d 403· 9th Cir.· 1977-09-02 ·cited 42×
  The court held that the National Labor Relations Board's findings that the Company refused to bargain in good faith, threatened unfair-labor-practice strikers with permanent replacement, and refused to reinstate them were supported by substantial evidence and must be enforced.
• A. H. Belo Corp. (Wfaa-Tv) v. Nat'l Labor Relations Bd.
  411 F.2d 959· 5th Cir.· 1969-05-23 ·cited 42×
  The court held that the National Labor Relations Board's order should be enforced, finding that the company engaged in unfair labor practices by refusing to bargain in good faith and by making unilateral changes in working conditions. The court also found that the company waived
• Nat'l Labor Relations Bd. v. Thompson Transp. Co., Inc.
  406 F.2d 698· 10th Cir.· 1969-01-29 ·cited 42×
  The court held that an employer has no duty to bargain over the decision to close a terminal for purely economic reasons, but does have a duty to bargain over the effects of such a closing. The court also found substantial evidence supported a Section 8(a)(1) violation for threat
• Rockwell Mfg. Co. v. Nat'l Labor Relations Bd.
  330 F.2d 795· 7th Cir.· 1964-03-31 ·cited 42×
  The court held that the Board's failure to afford the company a hearing on its objections to the election constituted a denial of due process.
• Nat'l Labor Relations Bd. v. Fred H. Johnson Under the Will of Clay M. Thomas
  322 F.2d 216· 6th Cir.· 1963-09-04 ·cited 42×
  The court held that the Board could not enforce its order finding discriminatory discharge because the complaint did not provide adequate notice of this claim and the issue was not fully litigated.
• Nat'l Labor Relations Bd. v. Huntsville MFG. Co.
  203 F.2d 430· 5th Cir.· 1953-04-13 ·cited 42×
  The court held that the National Labor Relations Board's certification of a union was valid, and its order should be enforced, as the respondent failed to demonstrate substantial irregularities that would invalidate the election.
• Nat'l Labor Relations Bd. v. Clausen
  188 F.2d 439· 3d Cir.· 1951-04-02 ·cited 42×
  The court held that the National Labor Relations Board's findings of unfair labor practices were supported by substantial evidence, and the respondent's procedural arguments lacked merit.
• J. M. Tanaka Constr., Inc. v. Nat'l Labor Relations Bd.
  675 F.2d 1029· 9th Cir.· 1982-04-26 ·cited 41×
  The court held that substantial evidence supported the National Labor Relations Board's finding that two companies were alter egos, and thus jointly liable for unfair labor practices under the National Labor Relations Act.
• Nat'l Labor Relations Bd. v. Catalina Yachts
  679 F.2d 180· 9th Cir.· 1982-06-08 ·cited 40×
  The court granted the National Labor Relations Board's petition for enforcement of its order, finding Catalina Yachts committed unfair labor practices and assessing double costs against Catalina Yachts for a frivolous appeal.
• Nat'l Labor Relations Bd. v. Blake Constr. Co., Inc.
  663 F.2d 272· D.C. Cir.· 1981-08-17 ·cited 40×
  The court held that the Board could not enforce portions of its order premised on violations not alleged in the complaint or fully litigated, as this violated due process. However, a broad cease and desist order was justified by the company's egregious conduct.
• Swift & Co. v. United States & Orville Freeman
  393 F.2d 247· 7th Cir.· 1968-04-01 ·cited 40×
  The court held that the petitioners' business practices, including refraining from bidding against a competitor dealer and purchasing a substantial percentage of lambs from that dealer, constituted an unfair practice under the Packers and Stockyards Act, and that a price-fixing a
• Nat'l Labor Relations Bd. v. Poinsett Lumber & Mfg. Co.
  221 F.2d 121· 4th Cir.· 1955-04-01 ·cited 40×
  The court held that the company was entitled to a hearing on its objections to the election and that the alleged threat did not constitute substantial evidence supporting the Board's order.
• McGLASSON v. The United States
  397 F.2d 303· Ct. Cl.· 1968-06-14 ·cited 39×
  The court held that the plaintiff failed to sustain her burden of proof for recovery and that the petition must be dismissed, agreeing with the outcome but not the plurality's reasoning.
• Bryant v. THE City OF Lakeland
  158 Fla. 151· Fla.· 1946-11-26 ·cited 39×
  A physician challenges his indefinite suspension from a municipal hospital's medical staff, arguing the City Commission acted arbitrarily and without due process. The Florida Supreme Court affirms the suspension, holding that physicians have no constitutional or statutory right t
• Nat'l Labor Relations Bd. v. Clearfield Cheese Co., Inc.
  322 F.2d 89· 3d Cir.· 1963-08-30 ·cited 38×
  The court held that the National Labor Relations Board's order to bargain is enforceable because the company's objections to the election and certification were properly overruled, and the company's refusal to bargain constituted an unfair labor practice.
• State v. The Fla. E. Coast Ry. Co.
  69 Fla. 165· Fla.· 1915-02-16 ·cited 38×
  The Florida Supreme Court granted mandamus relief to the Florida East Coast Railway Company, overruling the Railroad Commissioners' order requiring the establishment of an agency station at Mims, Florida. The Court held that while the Commissioners have broad authority to regulat
• Vill. Saloon, Inc. v. Division OF Alcoholic Beverages AND Tobacco
  463 So. 2d 278· Fla. 1st DCA· 1984-12-03 ·cited 37×
  Village Saloon and P.S.R. Investments appealed final orders from Florida's Division of Alcoholic Beverages and Tobacco imposing civil penalties for selling alcoholic beverages after midnight on September 3, 1983. The court reversed and vacated the orders, holding that Orange Park
• First Nat'l Bank of Smithfield v. Saxon
  352 F.2d 267· 4th Cir.· 1965-10-21 ·cited 37×
  The dissenting judge would hold that an opportunity for an objecting bank to be heard, with access to supporting data, is a prerequisite to a valid decision by the Comptroller on a branch bank application.
• MGPC, Inc. v. Dep't OF Energy
  673 F.2d 1277· Temp. Emer. Ct. App.· 1982-02-17 ·cited 36×
• Masino v. The United States
  589 F.2d 1048· Ct. Cl.· 1978-12-13 ·cited 36×
  The court held that the plaintiff's termination was not arbitrary or capricious, finding no material procedural irregularities and a sufficient nexus between his misconduct and the efficiency of the service.
• Matlovich v. Secretary OF The AIR Force and Colonel Alton J. Thogersen
  591 F.2d 852· D.C. Cir.· 1978-12-06 ·cited 36×
  The court held that the Air Force failed to provide a reasoned explanation for denying an exception to its policy of discharging homosexual service members, making judicial review impossible.
• Free-Flow Packaging Corp. v. Nat'l Labor Relations Bd.
  566 F.2d 1124· 9th Cir.· 1978-01-04 ·cited 36×
• Nat'l Labor Relations Bd. v. The Anthony Co.
  557 F.2d 692· 9th Cir.· 1977-07-18 ·cited 36×
  The court held that the National Labor Relations Board properly exercised its discretion in asserting jurisdiction over the company's card parlor and that substantial evidence supported the Board's findings of unfair labor practices.
• Nat'l Labor Relations Bd. v. Duncan Foundry & Mach. Works, Inc.
  435 F.2d 612· 7th Cir.· 1970-12-01 ·cited 36×
  The court held that the National Labor Relations Board properly found the Company violated the National Labor Relations Act by discriminatorily denying vacation pay and seniority rights to striking employees.
• Peters v. The United States
  408 F.2d 719· Ct. Cl.· 1969-03-14 ·cited 36×
  The court held that the regulation allowed hearsay testimony, and it was unnecessary to fit within common law hearsay exceptions.
• Nat'l Labor Relations Bd. v. W. Side Carpet Cleaning Co.
  329 F.2d 758· 6th Cir.· 1964-03-31 ·cited 36×
  The court held that the National Labor Relations Board had jurisdiction and that its findings of unfair labor practices were supported by substantial evidence, warranting enforcement of its order.
• United States v. Mroz
  136 F.2d 221· 7th Cir.· 1943-06-03 ·cited 36×
  The court held that a registrant's classification by draft boards under the Selective Service Act is final and not subject to collateral attack in a criminal prosecution, absent arbitrary or capricious action.
• Nat'l Labor Relations Bd. v. Commercial Letter, Inc.
  455 F.2d 109· 8th Cir.· 1972-01-18 ·cited 35×
  The court held that the Regional Director should have granted a hearing on the company's objection to the union's certification because substantial and material factual issues regarding the union's intent in reimbursing employees for expenses were raised.
• Edna H. Pagel, Inc. v. Teamsters Local Union 595
  667 F.2d 1275· 9th Cir.· 1982-02-02 ·cited 34×
  The court held that the unions' late response in state court did not bar their federal court action, the arbitrator's award drew its essence from the collective bargaining agreement, and the NLRB's refusal to issue a complaint did not preclude arbitration.
• Devine v. Cleland
  616 F.2d 1080· 9th Cir.· 1980-02-21 ·cited 34×
  The court held that 38 U.S.C. § 211(a) does not preclude judicial review of a constitutional challenge to the VA's benefit termination procedures, and the district court's mandated procedural safeguards were proper.
• Nat'l Labor Relations Bd. v. W. S. Hatch Co., Inc.
  474 F.2d 558· 9th Cir.· 1973-02-01 ·cited 34×
  The court held that the Regional Director had the authority to set aside the initial election due to insufficient opportunity for employees to vote, and that the Board properly granted summary judgment in the unfair labor practice proceeding.
• Fla. Real Est. Comm'n v. D. L. and Doris Rogers
  176 So. 2d 65· Fla.· 1965-04-07 ·cited 34×
  District courts have the power to review and modify penalties imposed by the Florida Real Estate Commission in certiorari proceedings, including reducing a revocation to a suspension where appropriate on the record, as this authority is expressly vested by the Administrative Proc
• Lukas E. Hoska, III v. United States Dep't OF THE Army
  677 F.2d 131· D.C. Cir.· 1982-04-30 ·cited 33×
  The court held that the Merit Systems Protection Board's decision affirming the revocation of petitioner's security clearance was not supported by substantial evidence.
• Nat'l Labor Relations Bd. v. Commercial Letter, Inc.
  496 F.2d 35· 8th Cir.· 1974-04-22 ·cited 33×
  The court granted enforcement of the NLRB's bargaining order, finding the representation election valid and the union mergers properly handled.
• Nat'l Labor Relations Bd. v. J. R. Simplot Co.
  322 F.2d 170· 9th Cir.· 1963-08-20 ·cited 33×
  The court held that the Board did not abuse its discretion by setting aside the first election without a hearing, as the respondent's exceptions did not raise substantial factual issues.
• Gipson v. Veterans Admin. & the United States
  682 F.2d 1004· D.C. Cir.· 1982-07-13 ·cited 32×
  The court affirmed the Merit Systems Protection Board's decision, finding the proceedings were not procedurally infirm, the charges were supported by substantial evidence, and the removal was not an excessive punishment or improperly motivated.
• Smith v. Schweiker
  677 F.2d 826· 11th Cir.· 1982-06-04 ·cited 32×
  The court held that while the notice of the right to counsel was inadequate, the Administrative Law Judge (ALJ) met a special duty to develop the facts, and there was substantial evidence to support the denial of benefits.
• Chrysler Corp. v. Fed. Trade Comm'n
  561 F.2d 357· D.C. Cir.· 1977-07-06 ·cited 32×
  The court held that Chrysler's advertisements were misleading by implying all its 'small cars' had superior fuel economy, but modified the FTC's cease and desist order to be less broad.
• Hoover v. The United States
  513 F.2d 603· Ct. Cl.· 1975-04-16 ·cited 32×
  The court held that the removal of an IRS tax technician for knowingly or recklessly overstating his personal tax deductions was supported by substantial evidence and promoted the efficiency of the service.