Serono Laboratories v. Shalala

Holding deference “is owed to the decisionmaker authorized to speak on behalf of the agency, not to each individual agency employee”

Virginia Petroleum Job. v. Fed. Power Com'n

Finding if “adequate compensatory or other corrective relief” will not be available later in the litigation this factor weighs toward a finding of irreparable harm

Federal Exp. Corp. v. Federal Espresso, Inc.

Finding analysis under section 360-1 generally similar to analysis under Section 43(c) of Lanham Act

Kim v. United States

Holding that under the Act "even innocent owners" may be disqualified permanently for trafficking violations

Goldstein v. U.S.

Holding that innocent owner could be permanently disqualified from food stamp program

Cross v. United States

Holding that "only in those instances in which it may be fairly said on the de novo record as a whole that the Secretary, acting through his designates, has abused his discretion by acting arbitrarily or capriciously, would the district court be warranted in exercising its authority to modify the penalty"

Traficanti v. U.S., Page 170

Holding that the plaintiff was subject to permanent disqualification from the SNAP program even after a disgruntled employee admitted to trafficking EBT benefits to purposely hurt the innocent owner's business

Harrison v. Bowen

Holding that the CSRA forecloses judicial review of nonpreference eligible employee's removal

TRM, Inc. v. United States

Holding that the court need not decide "whether the administrative review process alone sufficiently safeguarded" plaintiff's right in a trial de novo pursuant to 7 U.S.C. § 2023

Freedman v. U.S. Dept. of Agriculture

Holding that "de novo review is compatible with a summary judgment disposition if there are no material facts in dispute."

Rule 65 - Injunctions and Restraining Orders

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

Section 2011 - Congressional declaration of policy

Stating that "a supplemental nutrition assistance program is herein authorized which will permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation"

Section 2023 - Administrative and judicial review; restoration of rights

Providing that "the court shall determine the validity of the questioned administrative action"

Section 2021 - Civil penalties and disqualification of retail food stores and wholesale food concerns

Denying courts jurisdiction over such disqualifications

Section 2013 - Establishment of supplemental nutrition assistance program

Authorizing "a food stamp program under which . . . eligible households within the State shall be provided an opportunity to obtain a more nutritious diet through the issuance to them of an allotment"

Section 278.6 - Disqualification of retail food stores and wholesale food concerns, and imposition of civil money penalties in lieu of disqualifications

Discussing sanctions for violations "due to carelessness or poor supervision"

Section 271.2 - Definitions

Defining SNAP "[t]rafficking" as including "[t]he buying, selling, stealing or otherwise effecting an exchange of SNAP benefits . . . for cash or consideration other than eligible food"

Section 271.3 - Delegations to FNS for administration

Section 279.7 - Judicial review

Providing stores with opportunities to submit new evidence after charge letter, after requesting administrative review, and after commencing lawsuit in district court