The authors have received their award for writing «10th Circuit ruling on SEC's
use of administrative law judges creates circuit split,» published by Westlaw Journal in April 2017.
Other topics addressed were recent cases concerning disgorgement (Kokesh) and the
constitutionality of Administrative Law Judges (Lucia); the nature of assistance required to receive credit for cooperation; and observations regarding arguments by defense counsel that, in the Staff's view, may be conflating elements of the antifraud provisions of the securities laws.
The
Association of Administrative Law Judges brought a suit contending that their caseload — which is now around 500 - 700 cases a year — was so high that it was infringing on their right to decisional independence.
It was a case which afforded her the opportunity to make new law, as she also did in Simmons - Dixon v. Ford Motor Corporation, in which she obtained a
reversal of an administrative law judge's decision relating to automobile «Lemon Law», as well as, several others.
Case work includes interviewing and counseling the client, filing a petition or complaint, preparing and gathering documentary evidence, appearing in court for status conferences or hearings, or appearing in
front of an administrative law judge.
Day One's programming continued with a question and answer session with the Office
of Administrative Law Judges, who discussed case assignments and allotments, how the various district offices operate, and provided guidance in practicing before the OALJ.
Consequently, the agency is required, as a matter of law, to make its own determination regarding the adverse inference and can substitute its own judgment for
that of the administrative law judge regarding the inference and the weight to give the inference in light of the other evidence presented.
A 1998 decision from the Department of Housing and Urban Development («HUD») Office
of Administrative Law Judges, is important to current owners of inaccessible multifamily dwellings who did not themselves construct or develop the property.