Harmless Error In Administrative Proceedings

15 Florida cases classified under this topic · sorted by citation count · browse and sort

• Nat'l Labor Relations Bd. v. Eskimo Radiator MFG. Co.
  688 F.2d 1315· 9th Cir.· 1982-10-01 ·cited 20×
  The court held that Eskimo Radiator violated the National Labor Relations Act by refusing to bargain with the union, as the Board's certification was valid despite a procedural error in record transmission.
• Nat'l Labor Relations Bd. v. Burns
  207 F.2d 434· 8th Cir.· 1953-10-29 ·cited 14×
  The court held that the exclusion of competent and material evidence offered by the respondents constituted a denial of due process, requiring denial of the Board's petition for enforcement.
• Rabren v. Dep't OF Prof'l Reg.
  568 So. 2d 1283· Fla. 1st DCA· 1990-10-02 ·cited 12×
  The Florida District Court of Appeal reviewed a Board of Pilot Commissioners (BPC) order that dismissed disciplinary charges against pilot David Rabren but designated additional docking facilities as "ports" requiring state-licensed pilots. The court vacated the port designation
• Pupillo v. United States
  755 F.2d 638· 8th Cir.· 1985-02-22 ·cited 12×
  The court held that the Perishable Agricultural Commodities Act's definition of 'responsibly connected' establishes a per se rule, meaning an individual is subject to sanctions if they held certain corporate positions with a violator, regardless of their actual control or fault.
• Kurzon v. United States Postal Serv.
  539 F.2d 788· 1st Cir.· 1976-06-21 ·cited 10×
  The court held that the Postal Service's mail stop order was supported by substantial evidence, as the advertising for Prostex exaggerated the timing and circumstances under which the drug would provide relief.
• Connor v. United States Civil Serv. Comm'n
  721 F.2d 1054· 6th Cir.· 1983-11-28 ·cited 4×
  The court concurred that while the oral reply hearing might have been perfunctory, the employee's own conduct foreclosed any firm conclusion to that effect, thus justifying the agency's action.
• Agency for Health Care Admin. v. Fla. Coal. OF Prof'l Lab. Orgs., Inc.
  718 So. 2d 869· Fla. 1st DCA· 1998-09-04 ·cited 2×
  The Florida Board of Clinical Laboratory Personnel appealed an administrative law judge's invalidation of proposed rules changing clinical laboratory technician licensure requirements. The First District Court of Appeal reversed, holding that the ALJ applied an incorrect burden o
• People OF the State OF Ill. v. Interstate Commerce Comm'n & United States
  751 F.2d 903· 7th Cir.· 1985-01-03 ·cited 2×
  The court held that the Interstate Commerce Commission's orders permitting railroad abandonment were sustainable under customary standards, and the petitioners' arguments for continued service were insufficient.
• Shuba v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-12
  The court held that the ALJ failed to adequately consider medical opinions from Dr. Marshall and Dr. Lopez-Nunes, warranting reversal and remand.
• Coke v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-10-27
  The court held that the ALJ properly considered the medical evidence and vocational expert testimony, and that the Commissioner's denial of disability benefits was supported by substantial evidence.
• Ramos v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-07-13
  The court held that the ALJ erred by failing to articulate the weight given to a treating physician's opinion, and this error was not harmless because the opinion conflicted with the ALJ's findings regarding the claimant's daily activities.
• Marrero v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-03-22
  The court held that the Administrative Law Judge (ALJ) failed to adequately explain the weight given to the opinions of examining psychologists and the child's teacher, requiring reversal and remand.
• Freeman v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-02-19
  The court held that the ALJ's failure to assign weight to a treating physician's opinions and consider the full treatment history was not harmless error, and the Appeals Council erred in rejecting new evidence as not chronologically relevant.
• Gaffney v. Comm'r of Soc. Sec.
  M.D. Fla.· 2019-09-06
  The court affirmed the Commissioner's decision denying child disability benefits, finding the ALJ applied correct legal standards and substantial evidence supported the findings.
• Smith v. Off. OF Pers. Mgmt.
  784 F.2d 397· Fed. Cir.· 1986-02-20
  The court held that contentions of evidentiary insufficiency do not fall within the narrow exceptions to the bar on judicial review of factual underpinnings in employee disability retirement cases.