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Tag Archives: Administrative

Whistleblower’s claims not covered by Sarbanes-Oxley (access required)

Northrop Grumman successfully argued that an employee’s complaint was not within the scope of the Sarbanes-Oxley Act, or SOX, and she therefore could not claim whistleblower protection under the Act. An ALJ’s order in favor of the employee was vacated. ...

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Agency not required to release hunting documents proactively (access required)

Animal rights groups were not entitled to an injunction compelling the Fish and Wildlife Service to release proactively documents related to trophy imports of African elephants and lions under the Freedom of Information Act because the act only applies to ...

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Rescission of DACA was arbitrary and capricious (access required)

The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals policy established in 2012 was arbitrary and capricious because the memo explaining that decision did not identify any basis for the department’s view that the program ...

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Nursing home fined for failing to facilitate dental surgery (access required)

A nursing home violated the quality of care regulation governing Medicaid providers when it failed to provide a medical clearance for approximately eight months so that one of its residents could undergo a necessary tooth extraction surgery. Background The West ...

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School’s accreditation loss did not violate due process rights (access required)

Where a decision to revoke a school’s accreditation after the school failed to meet graduation rate requirements relied on a recommendation made by a team that included the president of a competing school, the level of competition between the schools ...

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Provider failed to comply with background check policies (access required)

Medicaid payments made to an authorized Medicaid provider were properly retracted by the state agency in charge of administering Medicaid because the provider failed to provide the agency with the results of background checks conducted on the provider’s employees as ...

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Adjoining property owners both liable for environmental response costs (access required)

Where a property owner agreed to remove mine tailings from the property of an adjoining landowner after the adjoining landowner was notified that the mine tailings were discharging pollutants into a nearby stream, and the delay in removal, coupled by ...

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Government not liable for state’s reduction of Medicaid (access required)

Where the state reduced certain services available to plaintiffs under its Medicaid waiver program, the plaintiffs could not sue the federal government for its failure to provide proper oversight of the state’s Medicaid program. Background Richard Stogsdill and Robert Levin ...

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