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Tag Archives: Administrative

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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CAV: No evidence that seeing needle caused EMT to faint (access required)

The Commission erred in concluding that an EMT, who had previously felt light-headed but never fainted when seeing large needle injections, showed that his loss of consciousness was caused by observing a spinal injection. Background On July 1, 2016, Appellee ...

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CAV: Claim not “new” when discoverable in prior action (access required)

Res judicata applied to claims that an injured worker discovered when she deposed her doctor after the Workers’ Comp ensation Commission’s denial of her initial claims. She had initially chosen not to depose him due to the cost, but this ...

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4th Cir.: Exclusionary rule applies only after egregious conduct (access required)

In civil deportation proceedings, the exclusionary rule’s predicate of “egregious” – not merely unreasonable – Fourth Amendment violations by federal officers also applies to conduct by state and local officers. Background In 2009, Maryland Transportation Authority Police Officer Acker stopped ...

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4th Cir.: Board didn’t explain change in deportation standard (access required)

A Board of Immigration Appeals decision effectively adopting a new standard for “crimes involving moral turpitude” could not rely on the new standard without offering good reasons for the change and addressing its retroactive effect. Background Petitioner Pedro Josue Jimenez-Cedillo, ...

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