Articles Posted in U.S. D.C. Circuit Court of Appeals

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Petitioners sought administrative review of the Chief of the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. 499, and Vegetable Division of the Agricultural Marketing Service's ("Judicial Officer") determination that petitioners, who were officers of national produce wholesalers, Fresh America, had been responsibly connected to Fresh America during the violations period at issue and were subject to the statute's employment restrictions. At issue was whether petitioners were merely nominal officers to Fresh America and whether Fresh America was the alter ego of its chairman of the board. The court granted the petition for review where the Judicial Officer's decision was devoid of any analysis of the actual power exercised by petitioners at Fresh America. The court also held that Fresh America was dominated by the board and its chairman, not just by the chairman. View "Cheryl Taylor, et al v. US Department of Agriculture, et al" on Justia Law