Rather than construing an ambiguous tax statute against the Commonwealth, the “add-back” statute intended to close a loophole – wherein a corporate entity pays royalties to an affiliated intangible holding company – required a national retail store to count such ...

Tagged with: Administrative Business Law Corporations Justice William C. Mims Supreme Court of Virginia Taxation

High-demand customers can purchase renewable energy from competitive service providers under a statutory framework for “individual retail customers.” Background This appeal presents the question whether certain large electricity consumers can purchase electricity from any licensed supplier of energy in the ...

Tagged with: Administrative Chief Justice Donald W. Lemons Environmental Regulated Industries Supreme Court of Virginia Utilities

An accreditation agency’s decision to withdraw the plaintiff’s accreditation as a cosmetology school was not unduly tainted by the fact that one of the commissioners was the executive and part-owner of a similar institution in a nearby city. Background This ...

Tagged with: Administrative Constitutional Due Process Education Judge Mark Davis U.S. District Court - Eastern District

Based on a broadly-worded employment agreement, an employer could unilaterally stop providing care payments for an injured employee based on a doctor’s assessment that the employee no longer needed such care. Background While working for Appellee Sonny’s Auto Racing, Appellant ...

Tagged with: Administrative Contract Employment Judge Richard Y. AtLee Jr. Virginia Court of Appeals Workers' Compensation

The former head of a Virginia agency, sued in her personal capacity for failure to manage patient intake at state mental health hospitals, was entitled to qualified immunity because prisons are not per se unable to safely care for mentally ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Civil Rights Constitutional Judge Diana Gribbon Motz Personal Injury Prisons & Jails Tort

This court’s order of Jan. 31 granting Mountain Valley Pipeline immediate possession to numerous easements in the construction pathway of a FERC-approved pipeline was conditioned on its first presenting sufficient additional evidence that satisfies the constitutional requirements of eminent domain. ...

Tagged with: Administrative Constitutional Eminent Domain Environmental Judge Elizabeth K. Dillon Real Property U.S. District Court - Western District

The Commission did not err in denying a claim when the worker did not link his injuries to work activities in multiple doctor visits, did not establish a link to those activities, and was not performing those activities in an ...

Tagged with: Administrative Employment Judge Teresa M. Chafin Virginia Court of Appeals Workers' Compensation

A Virginia circuit court upheld administrative findings that an employee who was fired for yelling profanities at a coworker had committed “misconduct” that disqualified her from receiving unemployment. Background Plaintiff Yolanda A. Bellamy was employed as an environmental service worker ...

Tagged with: Administrative Employment Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

The Departmet was justified in terminating an agent’s employment after he searched the business office of a license applicant without her consent or a warrant. Background Linda K. Swim applied to Appellee Virginia Department of Alcoholic Beverage Control for an ...

Tagged with: Administrative Chief Justice Donald W. Lemons Constitutional Employment Search & Seizure Supreme Court of Virginia

The court of appeals lacked jurisdiction to review the order of a circuit court, acting in its appellate capacity, finding that the appellant had standing to litigate the action. Background Appellant Tesla Inc. sought to open a manufacturer-owned dealership in ...

Tagged with: Administrative Civil Procedure Per Curiam Opinion Virginia Court of Appeals