The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
An administrative agency’s discretionary order may be upheld only on the same basis articulated in the order by the agency itself. If a court finds the agency's articulated basis to be legally erroneous, it must reverse and remand to the administrative agency for further proceedings, not affirm the agency's order on other grounds. Read More
A party that challenges the constitutionality of FTC or SEC administrative tribunals may sue in federal district court to enjoin administrative proceedings against them, rather than undergoing the administrative hearing and then challenging any adverse decision by appeal in the appropriate Court of Appeals. The harm the plaintiffs claim is being subjected to the allegedly unconstitutional administrative proceeding, and that… Read More
