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 ...

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

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 ...

Tagged with: Administrative Employment Judge Robert J. Humphreys Virginia Court of Appeals Workers' Compensation

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Constitutional Immigration Judge Diana Gribbon Motz Search & Seizure

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, ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Criminal Immigration Judge Pamela A. Harris

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