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

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