Horne, et al. v. United States Department of Agriculture, 395 Fed. Appx. 486 (9th Cir. 2010)

(plaintiffs seek to challenge constitutionality of Raisin Marketing Order, but Judicial Officer of USDA dismissed petition and trial court affirmed dismissal due to lack of subject matter jurisdiction because plaintiffs failed to file action within 20 days of entry of judicial officer's decision to dismiss plaintiff's petition; plaintiff's filing was not timely because USDA did not notify plaintiffs of judicial officer's decision until after 20-day timeframe had expired (envelope returned to USDA in shredded condition) and did nothing to fix problem; USDA claims it lacks discretion to remedy the problem; case affirmed - matter completely within USDA discretion and it is up to Congress to fix the problem inherent in this case). 

CALT does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. CALT's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.

RSS​ Facebook Twitter