The court held the plaintiffs were entitled to a temporary restraining order because they demonstrated the government likely violated contracting rules in awarding the contact to another entity, the plaintiffs would suffer irreparable harm if they were replaced on the ...

Tagged with: Administrative Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

The district court properly dismissed a suit brought by nursing homes on behalf of individual residents challenging Medicaid decisions made by Maryland state agencies because the relief they sought was barred by the Eleventh Amendment. Background Several nursing homes, on ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge G. Steven Agee

Although a state employee had received diagnoses of Ramsay Hunt syndrome and Bell’s palsy, the administrative record supported the Virginia Retirement System’s finding that she was not incapacitated for the further performance of duty. Background In January 2012, Mickey L. ...

Tagged with: Administrative Judge Mary B. Malveaux Virginia Court of Appeals

The appellate court found that although the Forest Service had “serious environmental concerns,” it was “suddenly, and mysteriously, assuaged in time to meet a private pipeline company’s deadlines” in issuing a permit for the Atlantic Coast Pipeline, a natural gas ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Stephanie Dawn Thacker

While rejecting two challenges to the rejection of a woman’s supplemental security income claims, the court remanded the third claim, finding an ALJ erred by failing to resolve a conflict between a vocational expert’s testimony that claimant could serve as ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Per Curiam Opinion

The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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The Army Corps of Engineers lacked the authority to alter a special condition imposed by West Virginia regarding the construction and operation of a natural gas pipeline.  And because West Virginia did not follow the mandated notice-and-comment procedures in waiving ...

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

The Alcoholic Beverage Control Board exceeded its authority by not deferring to the zoning board and granting a farm winery license to a property that lacked sufficient acreage for agricultural use. Background Brian Bates Farmer began planting grapes on his ...

Tagged with: Administrative Judge Mary Grace O'Brien Virginia Court of Appeals

After Congress set a specific deadline for the Department of Energy to remove a specific amount of plutonium from South Carolina, the district court correctly determined that it was required to order the DOE to remove the plutonium. Affirmed. Congress ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Robert B. King

A suspended doctor failed to demonstrate that he had the medical knowledge and history of professional conduct that warranted his return to the practice of medicine. Background Garada was licensed to practice medicine in Virginia in 1995. On June 4, ...

Tagged with: Administrative Judge Mary Grace O'Brien Virginia Court of Appeals