Alta Assets LLC, Appeal - Decision on Motions

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing the abuse of discretion “standard is consistent with the [Board’s] general mandate to affirm the ALJ if his findings of fact and conclusions of law are supported by substantial evidence, are rational, and are consistent with applicable law” (quotation omitted)
• “Where the BRB [Benefits Review Board] has reversed the ALJ, we must ‘review the BRB’s decision for errors of law and to ensure the BRB’s decision adhered to its statutory standard of review.’”
• “Where the BRB [Benefits Review Board] has reversed the ALJ, we must ‘review the BRB’s decision for errors of law and to ensure the BRB’s decision adhered to its statutory standard of review.’”
• a party seeking to rely on collateral estoppel must establish “that the party against whom collateral estoppel is asserted had a full and fair opportunity to litigate the issue in the previous forum”
• Where, as here, “the B[oard] has reversed the 8 ALJ, we must review the BRB's decision for errors of law and to ensure the B[oard]'s decision adhered to its statutory standard of review.” (cleaned up)
• Where, as here, “the B[oard] has reversed the 8 USCA4 Appeal: 19-1738 Doc: 59 Filed: 02/09/2022 Pg: 9 of 23 ALJ, we must review the BRB's decision for errors of law and to ensure the B[oard]'s decision adhered to its statutory standard of review.” (cleaned up)

Source: CourtListener parenthetical corpus (CC0).