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· 11/14/1983

Herald Companies, Inc. v. Town of Geddes

Citations

  • 122 Misc. 2d 236
  • 470 N.Y.S.2d 81
  • 10 Media L. Rep. (BNA) 1342
  • 1983 N.Y. Misc. LEXIS 4103

How courts have described this case

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

  • holding that a plaintiff forfeits a constitutional argument by failing to raise it to the district court
  • holding that, when an agency head is impermissibly insulated, the matter is to be decided based on whether the statute itself caused harm
  • holding that, as here 14]| “nothing in the record suggests any link whatsoever between the removal provision and 15} Claimant’s case.”
  • holding that district court did not err when it reviewed “all the pages of the ALJ’s 25 decision” to find that the ALJ findings were supported by substantial evidence (emphasis 26 in original)
  • holding that a court “clearly err[s] by 18 overlooking the ALJ’s full explanation”
  • explaining that “[a] party challenging an agency’s past actions must . . . show how the unconstitutional removal provision actually harmed the party”

Source: CourtListener parenthetical corpus (CC0).

Judges: John, Tenney

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.