Where two Maryland taxpayers alleged a Montgomery County cash-assistance program that pays residents, including foreign nationals in the country without documentation, violates a federal statute that prohibits undocumented persons from receiving state and local benefits, the suit was dismissed because ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Barbara Milano Keenan

Where a provision in the Clean Air Act waived the United States’ sovereign immunity as to “any . . . remedy or sanction,” North Carolina could sue the United States to recover an unpaid civil penalty it assessed when a ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Diana Gribbon Motz

Where the United States showed a law firm was liable for unpaid employment and unemployment taxes, funds which it withheld from its employees’ wages but failed to remit to the IRS, the government was awarded $219,496.82, plus statutory interest and ...

Tagged with: Administrative Judge Norman K. Moon U.S. District Court - Western District

Where the school district agreed on a plan for the student’s development with his parents, and the district received no additional information that there were significant concerns regarding his social or executive functioning skills, it did not violate the Individuals ...

Tagged with: Administrative Judge Leonie M. Brinkema U.S. District Court - Eastern District

The Virginia Department of Health correctly determined that an assisted living facility’s water system meets the statutory definition of “waterworks,” and as such, the health department can regulate the system. Overview The statutory scheme implementing the federal Safe Water Drinking ...

Tagged with: Administrative Judge Mary Bennett Malveaux Virginia Court of Appeals

Where a department of corrections technical support employee was fired after refusing to take a random drug test, the court affirms a hearing officer’s decision to reinstate him because the test policy, as applied to him, violated the Fourth Amendment. ...

Tagged with: Administrative Judge Beverly W. Snukals Richmond City Circuit Court Virginia Circuit Courts

Where the record was replete with evidence the applicant was illiterate and disabled, the administrative law judge erred in concluding he had a “marginal education” and could perform medium work. He was awarded “long overdue” benefits. Background Antonio Bilotta appeals ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Albert Diaz

Where the North Carolina Department of Environmental Quality denied a Clean Water Act certification to a company building a natural gas pipeline, but did not explain why it disagreed with the hearing officer’s findings or why it denied the application, ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Roger L. Gregory

It was “arbitrary and capricious” and a violation of due process for the Social Security Administration, or SSA, to categorically terminate the benefits of a class of claimants without giving them an opportunity to rebut the allegation that their benefits ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge James A. Wynn Jr.

Although parents challenged an individualized education program, or IEP, the Fairfax County School Board satisfied its obligations under the Individuals with Disabilities Education Act because the IEP was reasonably calculated to enable the child to make appropriate progress in the ...

Tagged with: Administrative Judge T.S. Ellis III U.S. District Court - Eastern District