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Tag Archives: Administrative

Government can get discovery to boost record (access required)

In a dispute where a charitable foundation that operates patient assistance programs challenges an advisory opinion from the Department of Health and Human Services, the court said that although the Administrative Procedure Act limits a court’s discretion to grant discovery ...

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Social Security ALJ’s opinion lacked reasoning (access required)

An applicant for supplemental security income will get another chance to convince an administrative law judge that she is entitled to benefits after the court held the ALJ’s initial opinion did not adequately explain her reasoning, including how the applicant’s ...

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Pamlico Sound bridge clears another hurdle (access required)

In upholding the granting of summary judgment to the North Carolina Department of Transportation and the Federal Highway Administration, the court rejected claims by Outer Banks residents that the agencies violated federal laws in approving the Pamlico Sound bridge. Background ...

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FOIA exemptions improperly applied to legal fee records (access required)

The circuit court too broadly applied the attorney-client and work-product exemptions in Virginia’s Freedom of Information Act when approving a city’s redactions of invoices for legal and expert witness fees. The case is remanded for further review and to determine ...

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Government enjoined from replacing base’s food vendor (access required)

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 ...

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Woman’s medical diagnoses did not render her incapacitated (access required)

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. ...

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Forest Service abdicated its responsibilities (access required)

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 ...

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