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

The Court of Appeals affirmed the circuit court’s decision that the Board for Contractors erred in denying a claim under the Virginia Contractor Transaction Recovery Act for an unsatisfied judgment for damages and attorney’s fees totaling $19,000. Victim contracted with ...

Tagged with: Administrative Virginia Court of Appeals

An Abingdon U.S. District Court affirms a decision by the U.S. Department of Agriculture to disqualify plaintiff for two years from participation in certain federal programs, and to levy a $5,000 civil fine, after it alleged she misrepresented ownership of ...

Tagged with: Administrative Judge James P. Jones U.S. District Court - Western District

The Court of Appeals reverses an agency decision, upheld by the circuit court, that a licensed real estate agent violated professional regulations by failing to provide timely written notice that home buyers had not paid an earnest money deposit required ...

Tagged with: Administrative Virginia Court of Appeals

A new OSHA Directive announcing case-by-case enforcement of safety standards for steel structures cannot be reviewed by a federal court on a challenge by a trade association, because the Directive is not a “standard” subject to review under the controlling ...

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