· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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