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Tag Archives: Judge Albert Diaz

ALJ’s Functional Analysis Was Faulty (access required)

In denying supplemental security income benefits to a claimant suffering from degenerative disc disease, carpal tunnel syndrome and adjustment disorder, the administrative law judge erred in assessing claimant’s residual functional capacity by not conducting a function-by-function analysis, and by ignoring ...

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IDEA Claims Not Exhausted at State Level (access required)

Parents challenging a school’s Individualized Education Plan for their nine-year-old autistic daughter did not exhaust their administrative remedies under the Individuals with Disabilities Education Act because they did not challenge the IEP as a whole before the state review officer; ...

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Class Order ‘Premature’ in Coalbed Methane Cases (access required)

A district court abused its discretion when it certified five related class action suits alleging that defendants EQT Production and CNX Gas have unlawfully deprived class members of royalty payments from production of coalbed methane gas in Virginia; the 4th ...

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‘Strategic’ Removal Waived Federal Defense (access required)

In plaintiff’s suit against Crane Company alleging death from mesothelioma due to asbestos exposure, Crane was not entitled to assert another basis for federal court jurisdiction after the district court remanded to state court when plaintiff amended its complaint to ...

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