· 5/26/2011
Pinnacle Armor, Inc. v. United States
Citations
- 648 F.3d 708
- 2011 U.S. App. LEXIS 10568
- 2011 WL 2040870
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that Mathews “is not a bright line test, but is flexible depending on the circumstances”
- noting that courts “may also look to 26 regulations, established agency policies, or judicial decisions for a meaningful standard to 27 review”
- noting courts 14 “may also look to regulations, established agency policies, or judicial decisions for a 15 meaningful standard to review”
- dismissing Due Process claim when plaintiff “had ample opportunities to submit evidence both before and after the Notice was revoked” and the state actor “explained its decision . . . even if no formal administrative hearings took place”
- “Although the [agency regulations] provide that the [agency] determines the ‘sufficiency’ of a manufacturer’s evidence and statements, the [agency regulations] do not give the [agency] unbridled discretion.”
- \Just because a statute calls on the agency to exercise its 'judgment' in making its determination does not necessarily make an agency's action unreviewable.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Tallman, Bybee, Burgess
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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