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· 6/28/2001

McLeod v. Allstate Insurance

Citations

  • 789 So. 2d 806
  • 2001 Miss. LEXIS 166
  • 2001 WL 723242

How courts have described this case

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

  • finding that agency decisions are final even if they can be revisited
  • acknowledging the APA language authorizing courts to “hold unlawful and set aside agency actions” to permit vacatur
  • permitting APA vacatur under 5 U.S.C. § 706(2) as the “default rule”
  • “The Department makes no developed argument that the district court abused its discretion in following the default [vacatur] rule, so the Department forfeited the argument.”
  • “Were it otherwise, no agency action would be final because an agency could always revisit it.”
  • “In reviewing an agency’s actions, we may consider only the reasoning ‘articulated by the agency itself’; we can- not consider post hoc rationalizations.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Banks, Cobb, Diaz, Easley, McRae, Mills, Pittman, Smith, Waller

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.