· 3/4/2009
River Street Donuts, LLC v. Napolitano
Citations
- 558 F.3d 111
- 14 Wage & Hour Cas.2d (BNA) 1015
- 2009 U.S. App. LEXIS 5023
- 2009 WL 531874
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an unpublished, non-precedential AAO decision ought be given Skidmore deference
- stating that courts must affirm an agency decision when it “is supported by a rational basis”
- CIS’s exclusion of depreciation from net income was not arbitrary or capricious because “amount spent on a long-term capital asset is a ‘real’ expense”
- “This Court cánnot ‘attempt to supply a reasoned basis for the action that the agency itself has not given.' ” (quoting Citizens Awareness Network v. U.S. Nuclear Regulatory Comm'n, 59 F.3d 284, 291 (1st Cir. 1995))
- “[A]n agency’s determination is arbitrary and capricious if the agency lacks a rational basis for... the determination or if the decision was not based on consideration of the relevant factors.” (citations and quotation omitted)
- noting the agency was departing from a “policy”
Source: CourtListener parenthetical corpus (CC0).
Judges: García-Gregory, Torruella, Stahl, Gory
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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