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Tag Archives: Administrative

EDVA: Letter to EEOC didn’t exhaust administrative remedies (access required)

After filing a charge of discrimination, a Bed Bath & Beyond manager sent a separate letter alleging that her supervisor encouraged her husband to cheat and retaliated when she complained. A federal court held that these claims weren’t part of ...

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EDVA: Letter to EEOC didn’t exhaust administrative remedies (access required)

After filing a charge of discrimination, a Bed Bath & Beyond manager sent a separate letter alleging that her supervisor encouraged her husband to cheat and retaliated when she complained. A federal court held that these claims weren’t part of ...

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4th Cir.: State disability findings may deserve substantial weight (access required)

An administrative law judge erred in according little weight to a North Carolina Department of Health and Human Services determination that the Social Security claimant qualified as disabled. The ALJ also didn’t consider the limited extent to which the claimant ...

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CAV: Employee termination for unethical conduct upheld (access required)

A Department of Social Services employee who worked in secret for a Department contractor had adequate opportunities for notice and hearing in the proceedings leading to his termination. Background Appellant John Carpenter was employed as the Supplemental Nutrition Assistance Program ...

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EDVA: Cities lack standing to compel background-check info (access required)

In a suit targeting U.S. military agencies’ failure to report information that should have prevented the Sutherland Springs shooter from obtaining his weapon, the cities of New York, Philadelphia, and San Francisco failed to allege a concrete injury or discrete ...

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4th Cir.: No combatant immunity for Taliban defendant (access required)

A Taliban fighter’s conviction for conspiring and attempting to destroy a U.S. helicopter in 2009 was subject to the rules of non-international conflict under the Third Geneva Convention, and accordingly U.S. courts could adjudicate and review it. Background Appellant Irek ...

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EDVA: Disability, equal protection claims against VBBE dismissed (access required)

A law student who was denied testing accommodations by the Virginia Board of Bar Examiners should have sought state-court review. In addition, the Board was immune from the disability claims, and the student failed to state a Fourteenth Amendment claim. ...

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CAV: Plain language mandates lighter burden on coal miner (access required)

The Workers’ Compensation Commissioner correctly interpreted a provision of the Workers’ Compensation Act to set forth a disjunctive set of proof standards, of which the claimant need satisfy only one to show permanent total disability. Background Appellee Carson Vanover, currently ...

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4th Cir.: Va.’s obstruction offense not a crime of moral turpitude (access required)

The Board of Immigration Appeals erred in concluding that Virginia’s obstruction-of-justice offense qualified as a “crime involving moral turpitude” that heightened the burden on an immigrant petitioner challenging his removal. Background Petitioner Jose Ramirez, a citizen of El Salvador, first ...

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