Tag Archives: Discretion

Courts may not interfere with an administrative tribunal's proper exercise of its discretion

Courts may not interfere with an administrative tribunal's proper exercise of its discretionMatter of Seebald v New York State Div. of Human Rights and Roswell Park Cancer Inst. Corp., 2019 NY Slip Op 00780, Appellate Division, Fourth DepartmentIn this appeal … Continue reading

Posted in Administrative law | Tagged , , , , , , | Leave a comment

When Can a Court Use Its Discretion to Decline Foreclosure of Property Subject to a Federal Tax Lien?

When Can a Court Use Its Discretion to Decline Foreclosure of Property Subject to an IRS Federal Tax Lien? Judicial discretion to decline foreclosure in Federal tax lien cases is available, but very limited, under 26 U.S.C. § 7403. Courts … Continue reading

Posted in Tax Law | Tagged , , , , , , , | Leave a comment

FDA is “Discouraged” by Dearth of HCT/P Manufacturers that have Reached Out to Agency During Enforcement Discretion Period

By Mark I. Schwartz — In November of 2017, FDA published its enforcement discretion policy regarding HCT/Ps that don’t meet all four criteria under 21 CFR 1271.10(a): To give manufacturers time to determine if they need to submit an IND … Continue reading

Posted in Products Liability | Tagged , , , , , , , , , | Leave a comment

Delineating CEQA’s Scope: First District Holds CEQA Does Not Apply To Ministerial Approval Of Multifamily Housing Project Allowed By Right Under Zoning Where City’s Discretion Was Limited To Design Review

In an opinion filed December 18, 2018, and later ordered published on January 10, 2019, the First District Court of Appeal affirmed a judgment denying appellant citizen groups’ writ petition challenging the City of St. Helena’s approval of an 8-unit, … Continue reading

Posted in Environmental Law | Tagged , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Illinois Court of Appeals implores Legislature to change law to provide for wage-garnishment relief, finding itself constrained to exercise discretion in extreme hardship cases

 National Collegiate Student Loan Trust 2004-1 v. Ogunbibi, No. 1-17-08612018 IL App (1st) 170861 (December 24, 2018)The legislature, in 2007, decided to take 15% of wages, regardless of the extreme hardship such a loss will impose on many persons. Because … Continue reading

Posted in Banking and Finance law | Tagged , , , , , , , , , , , , , , , , | Leave a comment