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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
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((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
Paul Argen and Surender Malhan appealed the district court's summary judgment ruling that appellants' First Amendment rights were not violated by a gag order imposed during his New Jersey family court proceedings.
Court affirmed summary judgment dismissal of claims where they were collaterally estopped by satisfied arbitration award that resolved the parties' dispute over valuation of deferred compensation payments.
Appellant appealed a district court order denying his motion to set aside a judgment in a bankruptcy-related action and an order denying his motion for reconsideration.
Appellants, a student and her parent, appealed the district court's judgment on the administrative record in favor of appellee school district in their action seeking compensatory education under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act. The court vacated and remanded where the district court erroneously concluded it need not separately analyze a Child Find claim under Section 504 after conducting a similar analysis under the IDEA.
In a § 1925(a) opinion, the court urged the Commonwealth Court to affirm its order sustaining the City and Mayor's preliminary objections and dismissing plaintiffs' complaint with prejudice since the issue had previously been litigated in federal court and resolved.
District court erred in resolving Americans with Disabilities Act and Section 504 claims arising from same facts as Individuals with Disabilities Education Act claim through the administrative record. Order of the district court reversed and remanded in part.
Department of Human Services' calculation of rate reimbursement by inflating costs from the end point of the cost report year to the mid-point of the rate year was a reasonable interpretation of ambiguous regulations and was thus entitled to administrative agency deference. Order of DHS, Bureau of Hearings and Appeals affirmed.
Land development application deemed approved where township's denial notice failed to cite specific defects in application or incorporate documents relied upon to support the denial. Order of the trial court affirmed.
Workers' Compensation Judge had sufficient basis to deny claim petition for lead exposure where the WCJ credited employer's experts over claimant's expert to conclude claimant had failed to establish that his occupational lead exposure had reached toxic levels, caused his claimed symptoms, or that his symptoms prevented him from working. Order of the Workers' Compensation Appeal Board affirmed.