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

Where a circuit judge conducted a de novo review of a health commissioner’s denial of a medical imaging facility’s bid to add CT services in Arlington County, the court committed error. Background Arlington Medical Imaging sought to add computed tomography ...

Tagged with: Administrative Judge Richard Y. AtLee Jr. Virginia Court of Appeals

The Court of Federal Claims, and not federal district court, has jurisdiction over an employee health plan’s suit seeking a refund under the Affordable Care Act. Background The Electrical Welfare Trust Fund is a self-administered, self-insured employee health and welfare ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge J. Harvie Wilkinson III

Although some evidence potentially may have impeached the veracity of a report that a father molested his daughter, statements by multiple of his children supported the hearing officer’s finding that the report was founded. Background Appellant Robert London, father to ...

Tagged with: Administrative Per Curiam Opinion Virginia Court of Appeals

The City of Virginia Beach, which intended to perform dredging in the Lynnhaven River as a matter of public interest, could not do so in an area where a citizen had obtained a riparian lease for oysters. The City claimed ...

Tagged with: Administrative Judge Richard Y. AtLee Jr. Municipal Real Property Virginia Court of Appeals

While fuel-company affiliates entering procurement agreements had to obtain approval from the State Corporation Commission, the Commission sufficiently reviewed the agreements. Such review and approval does not require a formal hearing where the public can raise objections. Background Appellant Sierra ...

Tagged with: Administrative Per Curiam Opinion Supreme Court of Virginia Unpublished Opinion Utilities

After a trip to his native U.K., a lawful permanent resident in the U.S. was denied admission upon his return, based on a seven-year-old conviction for conspiracy to possess with intent to distribute a controlled substance. His removal order was ...

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

A licensed Medicaid provider serving individuals with intellectual disabilities was ordered to repay a state agency for Medicaid reimbursements it issued, due to findings that the provider failed to submit and/or maintain required documentation to support its payment claims. Because ...

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

Tipped employees at Macado’s stated a claim for unpaid wages related to untipped “side work” they were required to do. Rather than alleging a specific amount of time they spent on side tasks, it was sufficient to allege they spent ...

Tagged with: Administrative Employment Judge Norman K. Moon U.S. District Court - Western District Wage & Hour