Due Process In Administrative Proceedings

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

• Nat'l Labor Relations Bd. v. White Knight Mfg. Co.
  474 F.2d 1064· 5th Cir.· 1973-03-01 ·cited 32×
  The court held that the National Labor Relations Board did not err in certifying the union election and enforcing its order to bargain, as the company failed to meet its burden of proving that alleged election misconduct materially affected the outcome.
• S. S. Kresge Co. v. Nat'l Labor Relations Bd.
  416 F.2d 1225· 6th Cir.· 1969-10-15 ·cited 32×
  The court held that Kresge and its licensees are joint-employers and that the store-wide unit is appropriate, affirming the Board's order to bargain. However, it denied enforcement for Acme's independent Section 8(a)(5) violation due to lack of notice.
• J. D. Hedin Constr. Co., Inc. v. The United States
  408 F.2d 424· Ct. Cl.· 1969-03-14 ·cited 32×
  The court held that the default termination was improper because the contractor was not in delay or default on defective work, and therefore is entitled to recover damages for breach of contract.
• Donnell Douglas v. Sigler
  386 F.2d 684· 8th Cir.· 1967-11-28 ·cited 32×
  The court held that a state statute allowing for diminution of sentence based on good behavior is a conditional grant, not a vested right, and its forfeiture does not raise a federal constitutional issue unless administrative due process is violated.
• Sunshine Book Co. & Solair Union Naturisme, Inc. v. Summerfield
  249 F.2d 114· D.C. Cir.· 1957-10-03 ·cited 32×
  The court held that the administrative procedure used to declare matter nonmailable, even without prior conviction, is consistent with the First Amendment and due process.
• Kinney v. Dep't of State
  501 So. 2d 129· Fla. 5th DCA· 1987-01-22 ·cited 31×
  Ralph Kinney appeals an agency order revoking his private investigator licenses based on an aggravated battery conviction. The court reverses, holding that the hearing officer's factual finding of no criminal intent was supported by competent substantial evidence and could not be
• Storey v. United States
  370 F.2d 255· 9th Cir.· 1966-12-05 ·cited 31×
  The court held that the appellant's conviction for refusing induction was valid, as his claims of procedural errors and lack of basis in fact for his classification were without merit.
• Milliken v. Gleason
  332 F.2d 122· 1st Cir.· 1964-05-21 ·cited 31×
  The court held that the district court properly dismissed the complaint because federal law bars judicial review of decisions by the Administrator of Veterans' Affairs regarding benefit claims.
• S. Colo. Prestress Co. v. Occupational Safety & Health Review Comm'n
  586 F.2d 1342· 10th Cir.· 1978-11-06 ·cited 30×
  The court held that the amendment of the citation to include a violation of 29 C.F.R. § 1926.105(a) and (b) related back to the original filing date and that the company committed a serious violation of the standard by failing to use safety nets when other fall protection was imp
• Helena Labs. Corp. v. Nat'l Labor Relations Bd.
  557 F.2d 1183· 5th Cir.· 1977-08-22 ·cited 30×
  The court held that substantial evidence supported the Board's findings that the company violated the Act by coercively interrogating employees, promising benefits, threatening reprisals, forming an in-plant grievance committee to dissuade support for the Union, interfering with
• Barnes v. Chatterton
  515 F.2d 916· 3d Cir.· 1975-05-06 ·cited 30×
  The court held that the employee must exhaust administrative remedies before seeking judicial intervention, as the failure to produce documents did not constitute irreparable injury or a clear violation of rights.
• AIR E., Inc. v. Nat'l Transp. Safety Bd. & Alexander P. Butterfield
  512 F.2d 1227· 3d Cir.· 1975-03-13 ·cited 30×
  The court held that the emergency revocation of air carrier and pilot certifications was supported by substantial evidence and did not violate due process, and that the sanctions were not excessive.
• Jere L. Denton v. Secretary OF the AIR Force
  483 F.2d 21· 9th Cir.· 1973-06-08 ·cited 30×
  The court held that it has jurisdiction to review military discharge decisions for compliance with Air Force regulations, and that despite potential issues with two findings, the discharge was valid based on other substantial grounds.
• Ulysses S. Vigil v. Post Off. Dep't OF the United States & The United States
  406 F.2d 921· 10th Cir.· 1969-01-29 ·cited 30×
• Sovich v. Esperdy
  319 F.2d 21· 2d Cir.· 1963-05-15 ·cited 30×
  The court held that a remand for further consideration is an act of simple justice, given the potential misinterpretation of the statute and the drastic consequences to the alien.
• Mich. Consol. GAS Co. v. Fed. Energy Regulatory Comm'n
  883 F.2d 117· D.C. Cir.· 1989-08-18 ·cited 28×
  The court held that the Federal Energy Regulatory Commission (FERC) did not exceed its jurisdiction or act arbitrarily and capriciously in granting Panhandle Eastern Pipe Line Company a certificate to transport natural gas directly to National Steel Corporation, bypassing the loc
• August S. Carstens v. Nuclear Regulatory Comm'n & United States
  742 F.2d 1546· D.C. Cir.· 1984-09-07 ·cited 28×
  The court held that the Nuclear Regulatory Commission acted within its broad statutory authority in granting operating licenses for SONGS Units 2 and 3, and its decision was supported by substantial evidence.
• Tuf-Flex Glass v. Nat'l Labor Relations Bd.
  715 F.2d 291· 7th Cir.· 1983-08-12 ·cited 28×
  The court held that threats made by a rank-and-file employee, not attributable to the union, did not create a coercive atmosphere sufficient to invalidate a representation election.
• Westinghouse Elec. Corp. v. United States Nuclear Regulatory Comm'n
  598 F.2d 759· 3d Cir.· 1979-04-19 ·cited 28×
  The court held that the NRC acted within its authority by imposing a moratorium on plutonium recycling proceedings and that a National Environmental Policy Act (NEPA) statement was not required at that time.
• The Louis-Allis Co. v. Nat'l Labor Relations Bd.
  463 F.2d 512· 7th Cir.· 1972-06-14 ·cited 28×
  The court should set aside the election due to gross deception by the Union's misleading propaganda.
• United States v. Atherton
  430 F.2d 741· 9th Cir.· 1970-09-10 ·cited 28×
  A state appeal board's reclassification does not cure a local board's use of an illegal classification standard if the record does not show the appeal board applied a proper standard.
• Nees v. Sec. & Exch. Comm'n
  414 F.2d 211· 9th Cir.· 1969-07-09 ·cited 28×
  The court affirmed the SEC's order barring petitioners from association with securities brokers or dealers, finding sufficient evidence of violations of anti-fraud and registration provisions of securities laws.
• Heffron v. The United States
  405 F.2d 1307· Ct. Cl.· 1969-01-24 ·cited 28×
  The court held that the plaintiff's dismissal was proper, the administrative review board's action was supported by substantial evidence, and was not arbitrary or capricious.
• In re Kelly
  401 F.2d 211· 5th Cir.· 1968-08-30 ·cited 28×
  The court held that a petitioner seeking discharge as a conscientious objector must first exhaust available military remedies before seeking federal habeas corpus relief.
• Fletcher v. The United States
  392 F.2d 266· Ct. Cl.· 1968-03-15 ·cited 28×
  The court held that the employing agency failed to follow its own regulations by admitting affidavits into evidence without making the affiants available for cross-examination, rendering the removal illegal.
• Fla. Bd. OF Pharmacy v. Levin
  190 So. 2d 768· Fla.· 1966-10-12 ·cited 28×
  Administrative charges need not be stated with the technical precision of court pleadings; a minor misreference to a statute does not invalidate a finding if the accused is sufficiently informed of the nature of the accusation.
• Neb. Dep't OF Aeronautics v. Civil Aeronautics Bd.
  298 F.2d 286· 8th Cir.· 1962-01-04 ·cited 28×
  The court held that the Civil Aeronautics Board (CAB) may authorize temporary suspension of air service under Section 401(j) of the Act without a prior hearing, and that the evidence presented was sufficient to support the Board's findings.
• N. Sims Organ & Co., Inc. v. Sec. & Exch. Comm'n
  293 F.2d 78· 2d Cir.· 1961-07-24 ·cited 28×
  The court held that the SEC's order revoking Organ & Co.'s registration was supported by substantial evidence and that Organ's due process rights were not violated.
• Dep't & Specialty Store Emps'. Union v. Brown
  284 F.2d 619· 9th Cir.· 1960-11-15 ·cited 28×
  The court held that the National Labor Relations Board's expedited election procedure under § 8(b)(7)(C) does not violate due process or statutory requirements, and district courts lack jurisdiction to enjoin such elections absent a clear showing of unlawful action.
• Jersey Cent. Power & Light Co. v. Fed. Energy Regulatory Comm'n
  810 F.2d 1168· D.C. Cir.· 1987-02-03 ·cited 27×
  The court held that the Commission acted arbitrarily and capriciously by failing to adequately consider Jersey Central's severe financial plight and the implications of the "used and useful" principle in the context of a massive, failed investment.
• Sw. Sunsites, Inc. v. Fed. Trade Comm'n
  785 F.2d 1431· 9th Cir.· 1986-04-01 ·cited 27×
  The court held that the FTC's findings of deceptive practices in land sales were supported by substantial evidence and that the application of a new deception standard did not violate due process or the APA. The court also found that ex parte communications did not invalidate the
• KFC Nat'l Mgmt. Corp. v. Nat'l Labor Relations Bd.
  497 F.2d 298· 2d Cir.· 1974-05-08 ·cited 27×
  The court held that general proxies issued by Board members to staff assistants, authorizing them to vote on review petitions without personal consideration or instruction from the members, were invalid under the National Labor Relations Act and administrative due process.
• Int'l Bhd. of Teamsters v. Brotherhood OF Railway
  402 F.2d 196· D.C. Cir.· 1968-06-28 ·cited 27×
  The court held that the National Mediation Board has broad discretion in conducting representation elections under the Railway Labor Act, and judicial intervention is limited to cases of constitutional dimension or gross statutory violations.
• Chicago v. Alouette Peat Prods.
  253 F.2d 449· 9th Cir.· 1957-12-26 ·cited 27×
  The court held that rates published and filed on less than the statutory notice period without express Commission approval were illegal and void, entitling shippers to recover the difference between the rates paid and the lawfully established rates.
• Daylight Grocery Co., Inc. v. Nat'l Labor Relations Bd.
  678 F.2d 905· 11th Cir.· 1982-06-14 ·cited 26×
  The National Labor Relations Board correctly determined the bargaining unit and election results, and its order to bargain is therefore enforced.
• Nat'l Labor Relations Bd. v. S. Prawer & Co.
  584 F.2d 1099· 1st Cir.· 1978-09-27 ·cited 26×
  The court held that the National Labor Relations Board's order finding unfair labor practices should be enforced, as the company failed to provide substantial evidence to overturn the election results or demonstrate due process violations.
• Appeal of FTC Line OF Bus. Report Litig. Appeal of FTC Line OF Bus. Report Litig. Am. Cyanamid Co. v. Fed. Trade Comm'n
  595 F.2d 685· D.C. Cir.· 1978-07-10 ·cited 26×
  The court held that the FTC's Line of Business and Corporate Patterns Report orders were validly issued and enforceable, as they were investigative in nature and not subject to APA rulemaking requirements, and did not violate the Census Act's confidentiality provisions.
• VanderMOLEN v. Stetson
  571 F.2d 617· D.C. Cir.· 1977-11-16 ·cited 26×
  The dissenting judges believe the majority opinion is legally incorrect and will undermine military discipline, warranting an en banc rehearing.
• Roberts v. Rogers C. B. Morton
  549 F.2d 158· 10th Cir.· 1976-11-19 ·cited 26×
  The court held that mining claims can be declared void if claimants fail to properly locate them according to federal and state laws, and if they cannot demonstrate the discovery of a valuable mineral deposit that is marketable at a profit.
• Resort CAR Rental Sys., Inc. v. Fed. Trade Comm'n
  518 F.2d 962· 9th Cir.· 1975-04-14 ·cited 26×
  The court held that the FTC's cease and desist order was supported by substantial evidence and within its authority, and that petitioners received adequate due process.
• Brennan v. Occupational Safety & Health Review Comm'n & John J. Gordon Co.
  492 F.2d 1027· 2d Cir.· 1974-02-25 ·cited 26×
  The court held that the Occupational Safety and Health Review Commission (OSHRC) abused its discretion by reversing the Administrative Law Judge's (ALJ) decision to reopen the hearing to consider evidence of the employer's engagement in interstate commerce.
• Cason v. The United States
  471 F.2d 1225· Ct. Cl.· 1973-01-18 ·cited 26×
• United States v. Edwards
  450 F.2d 49· 1st Cir.· 1971-10-15 ·cited 26×
  The court held that a local board's failure to state reasons for denying a prima facie conscientious objector claim deprives the registrant of a meaningful opportunity for administrative review, rendering the induction order invalid.
• Nat'l Labor Relations Bd. v. Union Bros., Inc.
  403 F.2d 883· 4th Cir.· 1968-11-14 ·cited 26×
  The court held that the National Labor Relations Board properly used summary judgment and did not err in finding an employee to be a supervisor, thus enforcing the bargaining order.
• de Lucia v. Immigr. & Naturalization Serv.
  370 F.2d 305· 7th Cir.· 1966-11-17 ·cited 26×
  The court affirmed the Board of Immigration Appeals' denial of discretionary relief, finding the petitioner's claims of an unfair hearing and due process violations to be without merit.
• Nat'l Labor Relations Bd. v. Arkansas-Louisiana GAS Co.
  333 F.2d 790· 8th Cir.· 1964-06-30 ·cited 26×
  The court held that substantial evidence supported the National Labor Relations Board's findings that the company unlawfully discharged employees for union activity and interrogated employees about union matters, and that the company's procedural objections were without merit.
• Una Chapter, Flight Eng'rs' Int'l Ass'n, Afl-Cio v. Nat'l Mediation Bd.
  294 F.2d 905· D.C. Cir.· 1961-07-13 ·cited 26×
  Federal courts lack jurisdiction to review the National Mediation Board's determination of a craft or class for representation purposes under the Railway Labor Act.
• Dunat v. Hurney
  297 F.2d 744· 3d Cir.· 1961-05-29 ·cited 26×
  The court held that the Attorney General's interpretation of 'physical persecution' was erroneous, and that the alien's fear of persecution due to his religion was sufficient to warrant a stay of deportation.
• United States v. Mohammed
  288 F.2d 236· 7th Cir.· 1961-03-21 ·cited 26×
  The court held that the defendant's claims of ministerial exemption were not timely or sufficiently supported by evidence to compel the local board to reopen his classification, and thus due process was not denied.
• Louisville GAS & Elec. Co. v. Fed. Power Comm'n
  129 F.2d 126· 6th Cir.· 1942-06-29 ·cited 26×
  The court held that the petitioner's challenge to the first two orders was untimely, as no rehearing was sought and the time for review had expired. The third order, requiring disallowed costs to be charged to surplus, was affirmed as within the Commission's authority.