A decision by the Virginia State Health Commissioner to deny the application of a Petersburg hospital for a Certificate of Public Need to establish an open heart surgery service is upheld by the Court of Appeals; the record supports the ...

Tagged with: Administrative Judge Rossie D. Alston Jr. Virginia Court of Appeals

The Supreme Court of Virginia upholds the Court of Appeals’ decision reversing the circuit court judgment and applying the arbitrary and capricious standard of review to the State Water Control Board’s decision to reissue a Virginia Pollutant Discharge Elimination System ...

Tagged with: Administrative Per Curiam Opinion Supreme Court of Virginia

The 4th Circuit upholds dismissal of a suit filed by a billing agent for local telecommunications carriers against BellSouth, the incumbent local exchange carrier, as plaintiff billing agent does not have statutory standing to bring this suit. In the Telecommunications ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge James A. Wynn Jr.

A widow wins survivor’s benefits under the Black Lung Benefits Act without having to prove her coal miner husband died from pneumoconiosis, because the Patient Protection and Affordable Care Act says an eligible survivor of a miner receiving benefits at ...

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

An Alexandria U.S. District Court dismisses plaintiff corporation’s challenge to the U.S. Patent and Trademark Office’s adoption in 2004 of two federal regulations the corporation says have hindered its ability to obtain and present relevant evidence in the course of ...

Tagged with: Administrative Judge Gerald Bruce Lee U.S. District Court - Eastern District

The Court of Appeals says Reston Hospital may appeal a circuit court’s dismissal of Reston’s challenge to the State Health Commissioner’s issuance of a Certificate of Public Need authorizing Inova Health Services to provide new radiation therapy services at Inova’s ...

Tagged with: Administrative Judge William G. Petty Virginia Court of Appeals

Parents who challenged emergency removal of their children after a fourth child died of neglect lose their appeal in the Court of Appeals; even assuming the initial hearing after the emergency removal was not held within five business days as ...

Tagged with: Administrative Judge Rossie D. Alston Jr. Virginia Court of Appeals

The State Corporation Commission is not subject to the Virginia Freedom of Information Act, the Supreme Court of Virginia holds in this case of first impression. Appellant submitted two letters to the clerk’s office of the SCC requesting information pursuant ...

Tagged with: Administrative Justice LeRoy F. Millette Jr. Supreme Court of Virginia

A Fairfax Circuit Court upholds the decision of the commissioner of the Department of Motor Vehicles rejecting Springfield Toyota’s challenge to Page Toyota’s plans to open a Toyota Certified Service Center (TCSC) within the same Relative Market Area (RMA) in ...

Tagged with: Administrative Fairfax County Circuit Court Judge Jan L. Brodie Virginia Circuit Courts

Although a high school senior who has been denied a waiver of an age qualification rule will miss his final football season if the court does not enjoin the Virginia High School League from applying its rule, the Norfolk Circuit ...

Tagged with: Administrative Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts