Legal Opinion

Dandino, Inc. v. U.S. Department of Transportation

Court of Appeals for the Ninth Circuit

Decided August 30, 2013No. 11-72113PublishedCited by 20 opinions

1Opinion of the Court

OPINION

M. SMITH, Circuit Judge:

Dandino, Inc. petitions under 49 U.S.C. § 521(b)(9) for review of an order of the Federal Motor Carrier Safety Administration (FMCSA, or the Agency). The Agency asserts that Dandino’s petition is untimely, and should be dismissed without consideration of its merits. Because we hold that § 521(b)(9) permits a party to file a petition for review with the proper court of appeals within 30 days of actual notice of the FMCSA’s final order, we conclude that Dandino’s petition was filed timely. However, we also find that Dandi-no’s petition lacks merit, and we affirm…

2Cases cited15 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Duncan v. WalkerSupreme Court of the United States · 2001
  3. Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
  4. Hughes Aircraft Co. v. JacobsonSupreme Court of the United States · 1999
  5. Elbridge Cook v. Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2007

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3Cited by20 opinions

  1. Jackie Saldana v. Glenhaven Healthcare LLCCourt of Appeals for the Ninth Circuit · 2022
  2. Sama Abdisalan v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2015
  3. Grigoryan v. Experian Information Solutions, Inc.District Court, C.D. California · 2014
  4. B & H Medical, LLC v. United StatesUnited States Court of Federal Claims · 2014
  5. Cardiosom, L.L.C. v. United StatesUnited States Court of Federal Claims · 2014

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