A nursing home violated the quality of care regulation governing Medicaid providers when it failed to provide a medical clearance for approximately eight months so that one of its residents could undergo a necessary tooth extraction surgery. Background The West ...

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

A woman who came to the country on a visitor visa, and who then twice married U.S. citizens (during which marriages she gave birth to children fathered by another man) failed to show that United States Citizenship and Immigration Services ...

Tagged with: Administrative Judge Claude M. Hilton U.S. District Court - Eastern District

Where a decision to revoke a school’s accreditation after the school failed to meet graduation rate requirements relied on a recommendation made by a team that included the president of a competing school, the level of competition between the schools ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Allyson K. Duncan

Medicaid payments made to an authorized Medicaid provider were properly retracted by the state agency in charge of administering Medicaid because the provider failed to provide the agency with the results of background checks conducted on the provider’s employees as ...

Tagged with: Administrative Judge Teresa M. Chafin Virginia Court of Appeals

Where a property owner agreed to remove mine tailings from the property of an adjoining landowner after the adjoining landowner was notified that the mine tailings were discharging pollutants into a nearby stream, and the delay in removal, coupled by ...

Tagged with: Administrative Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the state reduced certain services available to plaintiffs under its Medicaid waiver program, the plaintiffs could not sue the federal government for its failure to provide proper oversight of the state’s Medicaid program. Background Richard Stogsdill and Robert Levin ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Pamela A. Harris

Where a company sought to condemn surface tracts of private properties for the purpose of obtaining easements to construct a pipeline, and the construction of the pipeline could potentially damage coal contained within those properties, the company was not required ...

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

The Environmental Protection Agency was not required to accept a standard proposed by a wastewater treatment plant that utilized an older methodology previously used by the EPA. Moreover, the EPA’s decision to examine the standard using the most innovative technology ...

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

The dismissal of a church’s suit was vacated, allowing it to pursue claims against Baltimore County alleging it discriminated against the church on religious grounds in violation of a federal statute and the Constitution by denying it permission to operate ...

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

Where a plaintiff was entitled to use eminent domain to obtain rights-of-way to portions of private property, that plaintiff was likewise entitled to begin construction on those properties before the value of just compensation had been determined and paid. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Pamela A. Harris