Administrative | Virginia Lawyers Weekly

$12 M Bridge Construction Award Remanded

By Deborah Elkins
Published: May 25, 2012
Tags: Administrative, Judge Larry G. Elder, Virginia Court of Appeals

In this appeal concerning performance of contractor AMEC Civil LLC’s contract with VDOT for the Route 58 Clarksville Bypass in Mecklenburg County, the Court of Appeals reverses in part and remands an award of $12 million to the contractor; the circuit court erred in awarding damages based on indirect overhead costs and averaging and for [...]

‘Legal’ Black Lung Upheld for Miner

By Deborah Elkins
Published: May 22, 2012
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge Diana Gribbon Motz

An administrative law judge’s award of black lung benefits to a miner who worked in Virginia coal mines for nearly 17 years is supported by substantial evidence, and the 4th Circuit rejects appellant mining company’s contention that the ALJ’s reference to a preamble to 2000 revisions of DOL regulations violated the Administrative Procedure Act.
In her [...]

Cable Company Did Not Discriminate

By Deborah Elkins
Published: May 22, 2012
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge James A. Wynn Jr.

A regional sports network loses its challenge to an FCC order upholding a cable company’s decision on limited broadcast in North Carolina of Baltimore Orioles and Washington Nationals baseball games, for which there was limited demand; the 4th Circuit upholds the FCC finding that the cable company did not engage in unlawful discrimination under the [...]

Nursing Home Chain Wins Appeal, Gets Fees

By Deborah Elkins
Published: May 15, 2012
Tags: Administrative, Judge Charles N. Dorsey, Roanoke County Circuit Court, Virginia Circuit Courts

In this first-impression case construing regulations governing the Medicaid funds a nursing home chain may claim in the aggregate for uninsured losses, a Roanoke County Circuit Court overturns the state agency decision disallowing plaintiff nursing home chain’s nearly $1 million in provider liability costs from the chain’s 2008 cost reports, and awards attorney’s fees and [...]

Denial of DME Coverage Upheld

By Deborah Elkins
Published: May 8, 2012
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge J. Harvie Wilkinson III

The 4th Circuit upholds the Secretary of Health and Human Services’ denial of Medicare Part B coverage for the BIO-1000, a device to treat osteoarthritis of the knee, rejecting the claims of the manufacturer’s bankruptcy trustee that the Secretary improperly used the adjudicative process to develop a policy denying coverage and her decisions were arbitrary [...]

Contractor’s Service of Appeal Met Rule

By Deborah Elkins
Published: May 8, 2012
Tags: Administrative, Judge Glen A. Huff, Virginia Court of Appeals

In a contractor’s appeal of a license revocation by the Virginia Board for Contractors, the circuit court erred in holding that it was divested of jurisdiction over the appeal due to defective service of the petition for appeal on the agency secretary; the Court of Appeals says the contractor complied with Rule 2A:4 and service [...]

No FOIA Violation by BOE

By Deborah Elkins
Published: April 13, 2012
Tags: Administrative, General District Courts

Although a deputy was summoned to the location of a Board of Equalization meeting during which a freelance journalist had violated BOE rules by recording and photographing the meeting without advance notice, a Loudoun County General District Court says the BOE did not violate Virginia open-meeting laws by closing the door and discussing the matter [...]

Doctor’s License Suspension Upheld

By Deborah Elkins
Published: April 13, 2012
Tags: Administrative, Judge Norman A. Thomas, Norfolk Circuit Court, Virginia Circuit Courts

A Norfolk Circuit Court upholds the Virginia Board of Medicine’s decision to indefinitely suspend petitioner’s license to practice medicine.
The relatively straightforward issues presented here do not require a detailed discussion of the factual and legal questions of the case vis-a-vis the application standard of review under Va. Code § 2.2-4027.
The court makes the following findings [...]

Court Upholds Agency on Asbestos Exposure

By Deborah Elkins
Published: April 6, 2012
Tags: Administrative, Judge Glen A. Huff, Virginia Court of Appeals

The administrative record supported the Virginia Department of Labor & Industry’s classification of a college’s asbestos-related violations as “other than serious,” a higher designation than “de minimis,” and the Court of Appeals upholds a lower court determination on appeal by the college.
On appeal, the college argues the department’s commissioner failed to produce credible evidence of [...]

Hospital Gets Jury in Stark Law, FCA Case

By Deborah Elkins
Published: April 4, 2012
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge Allyson K. Duncan

A federal appeals court vacates a $45 million judgment against a Sumter, S.C., health care system for Stark Law violations and sends the case back, saying the district court’s handling of the case violated the defendant’s Seventh Amendment right to a jury.
In early 2003, the members of Sumter County’s gastroenterology specialty group informed defendant Tuomey [...]

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