Administrative | Virginia Lawyers Weekly

State Lien on Med-Mal Settlement Vacated

By Deborah Elkins
Published: April 2, 2012
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge Andre M. Davis

North Carolina’s third-party liability statutes, under which it asserts a lien for one-third of an infant Medicaid recipient’s $2.9 million med-mal settlement, do not comply with federal Medicaid law, which limits a state’s recovery to past medical expenses, and the 4th Circuit vacates judgment for the state and remands for further proceedings consistent with the [...]

Hospital Employee Grievance Fails

By Deborah Elkins
Published: March 28, 2012
Tags: Administrative, Judge Stephen R. McCullough, Virginia Court of Appeals

A state hospital clerical employee who was terminated for failure to timely transcribe a doctor’s recommendation of pain medication for patients cannot overturn her unsuccessful grievance by claiming the agency did not follow its own grievance procedures; the Court of Appeals affirms the agency decision based on its own interpretation of its policies and procedures.
The [...]

FOIA ‘Alien Record’ Claim Not Exhausted

By Deborah Elkins
Published: March 28, 2012
Tags: Administrative, Judge James C. Cacheris, U.S. District Court - Eastern District

An Alexandria U.S. District Court grants summary judgment for defendant Department of Homeland Security in this suit under the Freedom of Information Act, finding plaintiff county has failed to exhaust administrative remedies in requesting information about aliens taken into custody in the county.
Plaintiff is the Prince William County board of supervisors, which is the primary [...]

Repeat GCA Violations Were ‘Willful’

By Deborah Elkins
Published: March 28, 2012
Tags: Administrative, Judge Raymond A. Jackson, U.S. District Court - Eastern District

A federal firearms licensee with a history of license violations cannot defeat revocation of his license with claims that his violations were not “willful” and were the fault of his employees, and the Norfolk U.S. District Court grants summary judgment to respondent ATF.
Petitioner is appealing the ATF’s decision to revoke petitioner’s federal firearms license. Respondent [...]

Court Upholds NC Utilities Order

By Deborah Elkins
Published: March 28, 2012
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge Andre M. Davis

In this dispute between AT&T Mobility and local exchange carriers that provide telephone service in rural North Carolina, the 4th Circuit affirms a district court decision upholding the North Carolina Utilities Commission’s order governing the terms of the parties’ interconnection agreements.
Appellees (collectively, Rural Local Exchange Carriers) are incumbent local exchange carriers and appellants (collectively CMRS [...]

Wrong Test Used in Tuition Case

By Deborah Elkins
Published: March 7, 2012
Tags: Administrative, Justice LeRoy F. Millette Jr., Supreme Court of Virginia

A native of China who moved to the U.S. in 2007 to attend high school, and to Virginia in 2009 to attend Virginia Commonwealth University, is not entitled to pay in-state tuition rates and the Supreme Court of Virginia reverses the trial court’s contrary decision.
We apply a de novo standard of review. After reviewing the [...]

UVa Not ‘Person’ for Civil Subpoenas

By Deborah Elkins
Published: March 7, 2012
Tags: Administrative, Justice LeRoy F. Millette Jr., Supreme Court of Virginia

The University of Virginia is not a “person” under the Virginia Fraud Against Taxpayers Act, contrary to the circuit court’s reasoning in its decision to set aside the Attorney General’s Civil Investigative Demands for information related to a UVa climate scientist’s use of research grants; but the Supreme Court of Virginia affirms the decision setting [...]

Open Heart Surgery Service Unnecessary

By Deborah Elkins
Published: March 1, 2012
Tags: Administrative, Judge Rossie D. Alston Jr., Virginia Court of Appeals

A decision by the Virginia State Health Commissioner to deny the application of a Petersburg hospital for a Certificate of Public Need to establish an open heart surgery service is upheld by the Court of Appeals; the record supports the commissioner’s determination that the proposed service is not necessary to meet a public need.
In July [...]

Discharge Permit Review Standard Upheld

By Deborah Elkins
Published: January 18, 2012
Tags: Administrative, Per Curiam Opinion, Supreme Court of Virginia

The Supreme Court of Virginia upholds the Court of Appeals’ decision reversing the circuit court judgment and applying the arbitrary and capricious standard of review to the State Water Control Board’s decision to reissue a Virginia Pollutant Discharge Elimination System permit to Virginia Electric and Power Company for its North Lake Anna Nuclear Power Station.
The [...]

Local Carrier Has No Standing for Telecom Suit

By Deborah Elkins
Published: December 14, 2011
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge James A. Wynn Jr.

The 4th Circuit upholds dismissal of a suit filed by a billing agent for local telecommunications carriers against BellSouth, the incumbent local exchange carrier, as plaintiff billing agent does not have statutory standing to bring this suit.
In the Telecommunications Act of 1996, Congress attempted to deregulate all aspects of U.S. telecommunications markets, especially local markets. [...]

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