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Tag Archives: Administrative

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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SCV: “Add-back” exception only for income actually taxed (access required)

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 ...

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SCV: Code provides options for large renewable-energy consumers (access required)

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 ...

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EDVA: Accreditor’s own interest didn’t bias decision (access required)

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 ...

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CAV: Employment agreement controlled care payments (access required)

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 ...

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4th Cir.: Agency head has qualified, not absolute, immunity (access required)

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 ...

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WDVA: Immediate easement possession for pipeline co. (access required)

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. ...

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