For the purposes of this unit only, assume that McDivet received a decision denying benefits from the ALJ, Judge Dredd, who heard his case. Further, assume your supervising attorney properly filed an appeal to the DRB and that she has just received a negative decision from the DRB. Your attorney is considering an appeal to federal court and wants to know what standard of review the court will apply in reviewing the case.
Using Lexis Nexis or Westlaw, search federal court cases and identify the standard of review a district court will use when reviewing an appeal of an Administrative Law Judge’s decision. Describe the standard of review and list five cases that identify this standard in a memo format.
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