Skip to main content
· 4/9/1997

Kirby Corporation v. Pena

Citations

  • 109 F.3d 258
  • 1997 A.M.C. 2074
  • 1997 U.S. App. LEXIS 6556
  • 1997 WL 134059

How courts have described this case

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

  • defining the \clear statutory mandate\ exception as limited to administrative agency actions \so contrary to the terms of the relevant statute that [they] necessitate[ ] judicial review independent of [statutory] review provisions\
  • defining the \clear statutory mandate\ exception as limited to administrative agency actions \so contrary to the terms of the relevant statute that [they] necessitate[] judicial review independent of [statutory] review provisions\
  • “There is a strong presumption that Congress intends there to be judicial review of administrative agency action ... and the government bears a ‘heavy burden’ when arguing that Congress meant to withdraw all judicial review.’’
  • “There is a ‘strong presumption’ that Congress intends there to be judicial review of administrative agency action, . . . and the government bears a ‘heavy burden’ when arguing that Congress meant to prohibit all judicial review”

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Duhé, Dowd

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.