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Tag Archives: Judge J. Harvie Wilkinson III

Patients can sue to continue Medicaid services (access required)

Where South Carolina terminated its enrollment agreements with Planned Parenthood because it provided abortion services, a woman who used Planned Parenthood for her gynecological care had standing to sue to enjoin the termination on the grounds it violated Medicaid’s free-choice-of-provider ...

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Reasonable interpretation of Medicaid law forecloses suit (access required)

Where a pharmaceutical company’s interpretation of a complex Medicaid statute was “objectively reasonable,” and there was no authoritative guidance from the government that clarified its interpretation of the statute, the relator failed to show the alleged false statements were “knowingly” ...

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Collecting debts makes one a ‘debt collector’ in Maryland (access required)

Where a mortgage company argued that it was not a “debt collector” under the Maryland Consumer Debt Collection Act because it only accepted monthly payments and did not actively enforce the payment obligations of defaulting borrowers, its argument was rejected ...

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WARN Act liability doesn’t extend to non-employer (access required)

Where employees constructing a nuclear station alleged the owner violated the Worker Adjustment and Retraining Notification, or WARN, Act when it halted construction at the facility, the owner wasn’t liable because it wasn’t the plaintiffs’ employer. Background In 2017, SCANA, ...

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Virginia eluding statute qualifies as crime of moral turpitude (access required)

Where the Virginia eluding statute’s mens rea required at least recklessness, and vehicular flight from law enforcement has been consistently found to involve sufficient risk and danger to be morally reprehensible, the statute qualified as a crime of moral turpitude. ...

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Suit moot where challenged opinions withdrawn (access required)

Where a labor union challenged advisory opinions limiting government employees’ speech about impeachment efforts in 2020, but those opinions were withdrawn after then-President Trump left office and there was no credible allegation of any chilling effect from the opinions while ...

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