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A California Justice Department interpretation of Penal Code section 27535―which limits the number of handguns that can be purchased in a 30 day period―is invalid because it was adopted in violation of the Administrative Procedures Act without the notice and comment period required for a formal regulation. Read More

The exhaustion of remedies doctrine requires a petitioner who sought expungement of Financial Industry Regulatory Authority (FINRA) disciplinary history to first to seek relief from FINRA and the Securities and Exchange Commission (SEC) before bringing state court action for expungement of public records. Read More

An SEC enforcement action brought in federal court seeking civil penalties, disgorgement, and an injunction is subject to 28 USC 2642's five-year limitations period for suits on a statutory penalty.  Read More

Common law policy of separating an administrative agency's prosecutorial staff from its lawyers advising the agency applies only to quasi-judicial proceedings before the administrative agency itself, and not to regular court actions.  Read More

Plaintiff was entitled to attorneys’ fees under the Equal Access to Justice Act after he successfully sued the Secretary of Health and Human Services, even though the administrative ruling approving the project at issue in the suit was not vacated while the Secretary complied with the district court’s order to reconsider it.  Read More

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