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Tag Archives: Judge James A. Wynn Jr.

4th Cir.: Medicaid payment-adjustment policy invalid (access required)

A U.S. Department of Health & Human Services policy for “payment adjustment” calculations by hospitals serving disproportionately needy populations is legislative in nature and should have been promulgated through notice-and-comment rulemaking. Thus, the policy cannot be enforced against a Virginia ...

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4th Cir.: Court costs not a “penalty” that supports removal (access required)

An immigrant was not rendered ineligible for cancellation of removal based solely on $100 in court costs that he paid after pleading guilty to a misdemeanor. Such costs, which are not discretionary and sometimes are imposed by the court clerk, ...

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4th Cir.: Fired officers’ due process claims can proceed (access required)

Under clearly established law, publication of public safety officers’ allegedly defamatory termination letters to the media before holding a name-clearing hearing supported the officers’ claims of due process violations. Background During the summer of 2014, Officers with the Bald Head ...

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4th Cir.: Insurers owed no duty to solicit supporting documents (access required)

A life insurance company was under no fiduciary duty to solicit required additional materials from the insured party in order to approve his coverage level, even though his employer had been deducting premium payments for the unapproved amount. Background Steven ...

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4th Cir.: Strip club license-denial provision unconstitutional (access required)

A city ordinance empowering the police chief to deny a “sexually oriented business” license application if he determined that the business “would not comply with all applicable laws” was an overbroad prior restraint. Background The City of Rocky Mount, North ...

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4th Cir.: Policy limits upheld for certain asbestos claims (access required)

General-liability insurers could enforce their policy limits as to completed-operations and products hazard claims against the insured, stemming from decades-old asbestos exposure. Background This insurance-coverage dispute involves the applicability of two insurers’ policies to past, pending, and future asbestos-related bodily ...

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Arbitrability – JAMS Rules – Arbitrator’s Decision – First Impression (access required)

Where the arbitration clause of the parties’ contract says arbitration is to “be administered pursuant to the JAMS Comprehensive Rules and Procedures,” and where those rules provide that arbitrability disputes are to be decided by the arbitrator, then the arbitration ...

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Appeals court rebukes prosecutors in death penalty case (access required)

4tth Circuit Seal FEA

A federal appeals court panel has ordered an evidentiary hearing to determine if undisclosed evidence could upset the conviction of a man sentenced to die for the 2004 Norfolk murders of four people, including two preschool girls. Ruling that U.S. ...

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Public Employees – Whistleblower Claim – Agency Timeliness & Reports – Administrative (access required)

Flynn v. U.S. Securities & Exchange Commission (VLW No. 017-2-212, 18 pp.) (Wynn Jr., J.) 16-2122; Dec. 7, 2017; on petition for review from the Merit System Protection Board. 4th Cir. Holding: The applicable version of 17 C.F.R. § 201.900(a) ...

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Black Lung Benefits – Coal Miner/Smoker – FEV1/FVC Ratio (access required)

Westmoreland Coal Co. v. Stallard (VLW No. 017-2-205, 21 pp.) (Wynn, J.) 16-1460; Nov. 29, 2017; On petition for review from the Benefits Review Board; 4th Cir. Holding: The Fourth Circuit holds to the Department of Labor’s regulatory preamble and ...

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