A Norfolk Circuit Court sets aside an agency finding of “Physical Neglect – Abandonment” against a mother who did not pick up her son after he was arrested for shoplifting, because the Virginia Department of Social Services failed to provide ...

Tagged with: Administrative Judge Mary Jane Hall Norfolk Circuit Court Virginia Circuit Courts

A Chesapeake judge has reinstated with back pay a Department of Corrections captain who was fired after testing positive for marijuana. The employer ran afoul of its own drug-testing policy, according to the court’s decision on appeal from the state ...

Tagged with: Administrative Chesapeake Circuit Court Employment Judge John W. Brown

The 4th Circuit upholds an administrative ruling that sustained a disallowance of federal funding for West Virginia’s Medicaid program based on the state having failed to credit to the federal government a share of its settlement against a drug company ...

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

A Fairfax Circuit Court says defendant state agency’s denial of Medicaid coverage under the Mental Retardation/Intellectual Disability waiver for a 25-year-old mentally retarded man with an IQ of 54 is an “arbitrary and capricious interpretation” of the diagnostic criteria for ...

Tagged with: Administrative Fairfax County Circuit Court Judge Michael F. Devine Virginia Circuit Courts

The statute of limitations bars an Alexandria U.S. District Court from considering a suit filed by two firearms dealers, one from Virginia and one from North Carolina, challenging Revenue Ruling 69-59, which governs the conduct of federal firearms licensees at ...

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

In a state agency’s claim for reimbursement for overpayment to an ambulance service provider, the Court of Appeals upholds a circuit court decision for the provider that the agency notice of adjustment must include, not incorporate, any information or authority ...

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

In this Medicaid reimbursement case, the 4th Circuit holds that ambulance services are “emergency services” under 42 U.S.C. § 1396u, and defendant Richmond Ambulance Authority is not entitled to set its own rates for the ambulance services it provides members ...

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

The Virginia Supreme Court says the Court of Appeals erred in holding that a group of Virginia Beach residents had standing to challenge a decision of the Virginia Marine Resources Commission approving a city project to install a stormwater outfall ...

Tagged with: Administrative Justice Elizabeth B. Lacy Supreme Court of Virginia

Manufacturers who seek to reregister certain insecticides win the right to judicial review of the Marine Fisheries Service’s “biological opinion” that the pesticides endanger Pacific salmonids and their habitat; the 4th Circuit reverses the district court judgment that required the ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Paul V. Niemeyer

A student who moved from Florida to Virginia and seeks to appeal denial of her request for in-state tuition at George Mason University is not entitled to discovery in this case from Fairfax Circuit Court. The student argues that because ...

Tagged with: Administrative Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts