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 ...

Tagged with: Administrative Judge M. Hannah Lauck U.S. District Court - Eastern District

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Henry F. Floyd

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 ...

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

The court found a foundation repair company that repeatedly failed to obtain building permits or inspections and was sanctioned by the Department of Professional and Occupational Regulation for its eighth violation had notice of the board’s range of sanctions and ...

Tagged with: Administrative Judge Robert P. Frank Virginia Court of Appeals

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 ...

Tagged with: Administrative Justice Stephen R. McCullough Supreme Court of Virginia

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 ...

Tagged with: Administrative Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

The district court properly dismissed a suit brought by nursing homes on behalf of individual residents challenging Medicaid decisions made by Maryland state agencies because the relief they sought was barred by the Eleventh Amendment. Background Several nursing homes, on ...

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

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. ...

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

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 ...

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

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