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Pepperdine University School of Law Legal Summaries

J. NAALJ, Vol.21 pp.406-406, 2001

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LEGAL SUMMARIES:
Autor: Pepperdine University School of Law Legal Summaries
Assuntos: Telecommunications; Interpretation; Communications; Unreasonable; Unambiguous; Constituted; Interpreted; Attachments; Regulations; Definition; Administrative Law; Business & Corporate Law; Civil Procedure; Communications Law; Computer & Internet Law; Constitutional Law; Criminal Law & Procedure; Energy & Utilities Law; Environmental Law; Evidence; Governments; Healthcare Law; Immigration Law; International Trade Law; Labor & Employment Law; Public Health & Welfare Law; Real Property Law
É parte de: J. NAALJ, Vol.21 pp.406-406, 2001
Descrição: ... FACTS: Under the Pole Attachments Act ("PAA"), the Federal Communications Commission ("FCC") sets reasonable rates, terms and conditions for certain attachments to telephone and electric poles. ... There was no dispute that an attachment by a cable television company that only provides cable television is an "attachment" under the PAA. ... Kim Ho Ma was also a resident alien with a conviction for an aggravated assault. ... Agencies must beware, as deference will only be given in strict regulation and official interpretation situations. ... IMPACT: This case serves as a reminder that deference to administrative agency determinations only goes as far as a court will allow it, especially with regard to questions of law. ... FACTS: This case involved a health maintenance organization ("HMO") that denied George McCall ("McCall"), now deceased, medical referrals and lung transplants when Medicare supplemented the coverage. ... Additionally, if the statutory language clearly provides the agency with exclusive jurisdiction, then a plaintiff must exhaust the administrative review procedures before the claim can be brought for judicial review. ... IMPACT: Based on Texas law, unless a party is specifically granted a statutory right of judicial review, the party must first exhaust the administrative review process before seeking judicial review. ...
Idioma: Inglês

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