A special education teacher who ended up in a brief physical altercation with a chronically disrespectful student was acting defensively only, which did not support a finding of child abuse or neglect. Background This case concerns an altercation between Appellee ...

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

The Federal Aviation Administration’s extensions of its own decision deadlines were not equitable justification for untimely filing of a petition to review its ultimate determination. Background The Grand Strand Airport is a public use, general aviation airport located in Horry ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Civil Procedure Per Curiam Opinion

The Workers’ Compensation Commission did not err in finding that the composition of the review panel was proper and that the claimant adequately marketed her residual work capacity. Background Claimant Kathleen Tefft was an assistant freight manager at one of ...

Tagged with: Administrative Employment Employment Law Judge Mary B. Malveaux Virginia Court of Appeals Workers' Compensation

A retired firefighter diagnosed with throat cancer – an occupational disease – was not a “disabled person” prevented from the further performance of his duties and, thus, was not entitled to continuing health insurance coverage. Background Plaintiff Eddie R. Jones Sr. was ...

Tagged with: Administrative Employment Justice S. Bernard Goodwyn Supreme Court of Virginia Workers' Compensation

A court order requiring a property owner to cure residential zoning violations gave him sufficient notice that he must remove “junk” not only from his front and side yards but also from his back yard. Background In April 2005, Henrico ...

Tagged with: Administrative Constitutional Due Process Judge Mary Grace O'Brien Municipal Real Estate Real Property Virginia Court of Appeals Zoning

The Virginia Retirement System correctly held that a public employee forfeited credited service under the Workforce Transition Act when he resumed employment with the Commonwealth in a covered position. Background In 2009, after about 25 years of employment, Appellant Sundersingh ...

Tagged with: Administrative Employment Employment Law Judge Richard Y. AtLee Jr. Virginia Court of Appeals

An immigrant’s conviction for unlawful possession of marijuana with intent to manufacture, deliver, or sell constitutes a conviction of both an aggravated felony and a crime involving moral turpitude. Therefore, the court lacks jurisdiction to review the Board’s rulings on ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Immigration Judge Leonie Brinkema

In a defendant’s motion to dismiss his criminal indictment for illegal re-entry, he was entitled to some meaningful review of a deportation proceeding upon which his criminal prosecution was based. While he prevailed on his constitutional claim, he could not ...

Tagged with: Administrative Constitutional Criminal Due Process Immigration Judge M. Hannah Lauck U.S. District Court - Eastern District

A discharged state police officer was not entitled to personal review of his grievance by the Director of Virginia’s Department of Human Resource Management. Such reviews are among many duties the Director may delegate to any Department employee. Background In ...

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

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 ...

Tagged with: Administrative Employment Employment Discrimination Judge Henry E. Hudson U.S. District Court - Eastern District