Kokesh v. SEC

An SEC enforcement action brought in federal court seeking civil penalties, disgorgement, and an injunction is subject to 28 USC 2642’s five-year limitations period for suits on a statutory penalty.  An SEC enforcement action brought in federal court seeking civil penalties, disgorgement, and an injunction is subject to 28 USC 2642’s five-year limitations period for…

Association of California Insurance Companies v. Jones

The California Insurance Commissioner did not exceed his powers in promulgating regulations governing an insurer’s communicating an estimate of replacement costs to an insured.  The Unfair Insurance Practices Act (Ins. Code 790-790.15) grants the Insurance Commissioner authority to promulgate regulations deeming insurance practices other than those set out in the UIPA to be unfair, deceptive…

Drakes Bay Oyster Co. v. California Coastal Commission

Common law policy of separating an administrative agency’s prosecutorial staff from its lawyers advising the agency applies only to quasi-judicial proceedings before the administrative agency itself, and not to regular court actions.  Morongo Band of Mission Indians v. State Water Resources Control Bd. (2009) 45 Cal.4th 731 and similar decisions requiring a separation of an…

Wood v. Burwell

Plaintiff was entitled to attorneys’ fees under the Equal Access to Justice Act after he successfully sued the Secretary of Health and Human Services, even though the administrative ruling approving the project at issue in the suit was not vacated while the Secretary complied with the district court’s order to reconsider it.  Plaintiff was the…

No Toxic Air, Inc. v. LeHigh Southwest Cement Co.

The prevailing party in an administrative mandamus proceeding may recover the cost of attorney and paralegal work necessary to prepare the administrative record.  Under CCP 1094.5(a), if the prevailing party in an administrative mandamus proceeding has paid part of the cost of preparing the administrative record, it may recover that sum as costs.  Following Otay…

United States Army Corps of Engineers v. Hawkes Co., Inc.

An Army Corps “approved” jurisdictional determination that “waters of the United States” are present on or absent from an owner’s real property is a final agency action that may be judicially reviewed under the Administrative Procedures Act.  For judicial review, an agency action must represent the culmination of the agency’s decision-making process and it must…

Doe No. 14 v. Internet Brands, Inc.

The Communications Decency Act does not shield an internet website owner from liability for failure to warn users about dangers posed by sexual predators using the site to target vulnerable women for abuse.  This decision holds that the federal Communications Decency Act (47 USC 230(c)) does not shield an internet website owner from potential liability…

People ex rel. Harris v. Delta Air Lines, Inc.

The federal Airline Deregulation Act preempts California’s Online Privacy Protection Act, so Delta Airlines does not have to comply with the latter in constructing its mobile phone app.  The Airline Deregulation Act preempts California’s Online Privacy Protection Act (B&P Code 22575-22579) insofar as that act would otherwise apply to airlines.  The act requires operators of…