When the claimant first worked for petitioner’s predecessor, the predecessor did not fall within the Federal Mine Safety and Health Act’s definition of “operator.” However, after the definition of “operator” was expanded to include mining construction contractors like petitioner’s predecessor, ...

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

Thormac LLC v. Dept. of Alcoholic Beverage Control (VLW No. 017-7-283, 13 pp.) (Beales, J.) Appealed from Richmond Circuit Court (Taylor, J.) Va. App. Pub. Holding:  Appellant restaurant challenged the assessment of a $500 fine and seven-day suspension of its ...

Tagged with: Administrative Judge Randolph A. Beales Virginia Court of Appeals

Hurst v. City of Norfolk (VLW No. 017-8-108, 17pp.) (Lannetti, J.) Norfolk Cir.Ct. Case No. CL17-11119. Holding: Where the plaintiff-petitioner failed to submit an affidavit of good cause supporting his petition for relief regarding his two requests under the Freedom ...

Tagged with: Administrative Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

Westmoreland Coal Co. v. Stallard (VLW No. 017-2-205, 21 pp.) (Wynn, J.) 16-1460; Nov. 29, 2017; On petition for review from the Benefits Review Board; 4th Cir. Holding: The Fourth Circuit holds to the Department of Labor’s regulatory preamble and ...

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

Frontier-Kemper Constructors, Inc. v. Director, Office of Workers’ Compensation Programs (VLW No. 017-2-206, 13 pp.) (Diaz, J.) 16-1849; Nov. 30, 2017; on petition for review from the Benefits Review Board; 4th Cir. Holding: When the claimant first worked for petitioner’s ...

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

An Alexandria U.S. District Court dismisses plaintiff contractor’s suit seeking to enjoin the Defense Advanced Research Projects Agency’s program for Robotic Servicing of Geosynchronous Satellites Program, which plaintiff says violates multiple provisions of the 2010 National Space Policy and therefore ...

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

The Court of Appeals affirms a circuit court decision upholding findings of the Fairfax County Department of Code Compliance, which had issued notice to appellants for seven violations of the Uniform Statewide Building Code at their Annandale, Virginia property; the ...

Tagged with: Administrative Judge Rosemarie Annunziata Unpublished Opinion Virginia Court of Appeals

Two judges who financially and publicly expressed support for a citizens’ coalition that opposed relocation of the Augusta County Courthouse outside of the city of Staunton did not engage in misconduct in violation of Virginia judicial canons; the Supreme Court ...

Tagged with: Administrative Justice Donald W. Lemons Supreme Court of Virginia

In PETA’s suit challenging the U.S. Department of Agriculture’s regulations under the Animal Welfare Act for license renewal of animal exhibitors, the 4th Circuit upholds a decision deferring to the agency’s decision to conduct spot-check inspections of licensees despite PETA’s ...

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

A Norfolk U.S. District Court grants plaintiff children’s hospital’s motion for emergency injunctive relief against the Centers for Medicare and Medicaid Services’ enforcement of FAQ 33, in order to reduce a statutory payment adjustment to hospitals that serve a disproportionate ...

Tagged with: Administrative Judge Rebecca Beach Smith U.S. District Court - Eastern District