Legal Opinion
Berry v. United States Department of Labor
Court of Appeals for the Sixth Circuit
Decided August 11, 2016No. 15-6316PublishedCited by 119 opinions
1Opinion of the Court
OPINION
GRIFFIN, Circuit Judge.
The Administrative Procedure Act authorizes judicial review of “final agency action,” subject to certain limitations. One of those limitations applies to decisions “committed to agency discretion by law.” Plaintiff Clarence Berry challenges the Department of Labor’s refusal to reopen his claim for compensation benefits based on new evidence. The Department contends the APA does not authorize judicial review of such decisions, both because they are not a “final agency action” and because they are “committed to agency discretion by law.” We disagree on both points.…
2Cases cited26 opinions
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- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Califano v. SandersSupreme Court of the United States · 1977
- Bennett v. SpearSupreme Court of the United States · 1997
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3Cited by119 opinions
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