Administrative

Aug 9, 2013

Administrative – Black Lung – Evidence – Disability — Rebuttal

Mingo Logan Coal Co. v. Owens An administrative law judge did not improperly limit a coal mining company’s ability to rebut a presumption of black lung benefits for a claimant who had spent at least 15 years in an underground mine and had[...]

Aug 9, 2013

Administrative – ‘Market Rate’ Debate in Black Lung Fee Award

Eastern Associated Coal Corp. v. Director, OWCP In this black lung benefits case, claimant’s lawyers had sufficient market-based evidence to support their hourly rates of $175 to $300 and their quarter-hour billing did not lead to billing[...]

Jul 24, 2013

Administrative – No Review of Cargo Carrier Detention

Angelex Ltd. v. U.S. A federal district court did not have jurisdiction to review the Coast Guard’s bond fixed for release of a detained ship under investigation for potential violations of certain ocean pollution prevention statutes; the[...]

Jul 11, 2013

Administrative – Survivors’ Claims New After Statute Change

Union Carbide Corp. v. Richards Although two widows lost their prior claims for survivors’ benefits under the Black Lung Benefits Act, the doctrine of res judicata does not bar respondent widows from relying on a recent amendment to the B[...]

Jun 20, 2013

Administrative – Lanham Act Preemption May Work in Ethanol Case

American Petroleum Institute v. Cooper Plaintiff trade groups that represent the natural gas and oil industry who want to enjoin enforcement of North Carolina’s Ethanol Blending Statute get another chance to prove Lanham Act preemption; t[...]

Jun 13, 2013

Administrative – Lanham Act Preemption May Work in Ethanol Case

American Petroleum Institute v. Cooper Plaintiff trade groups that represent the natural gas and oil industry who want to enjoin enforcement of North Carolina’s Ethanol Blending Statute get another chance to prove Lanham Act preemption; th[...]

Jun 12, 2013

Administrative – USPS – Insured Package – Exhaustion Requirement – Civil Practice – Subject Matter Jurisdiction

Coley v. United States Postal Service Although plaintiff followed the proper procedures for the filing of his claim (alleging that defendant failed to deliver an insured package) and for his appeal of defendant’s April 7, 2011 ruling aga[...]

Jun 7, 2013

Administrative – Smoking Miner Has ‘Legal’ Black Lung Disease

Westmoreland Coal Co. v. Cochran : A 16-year veteran of employment in West Virginia coal mines, above and below ground, who also smoked a pack of cigarettes a week for 20 years wins black lung benefits based on proof that he suffers from “[...]

May 22, 2013

Administrative – Driver’s License Revocation – Rules of Evidence — DWI – Breath Test Refusal

Johnson v. Robertson Under N.C. R. Evid. 1101, the Rules of Evidence apply “to all actions and proceedings in the courts of this State” and if otherwise provided by statute. Rule 1101 further provides that the Rules of Evidence do not a[...]

May 15, 2013

Administrative – Immigrant’s ‘Grabbing’ Officer’s Hand Not ‘Violent’ Crime

Karimi v. Holder The 4th Circuit grants an Afghan citizen’s petition for review of a final order of removal, and says the government failed to prove that his act of “grabbing” the hand of a police officer who was processing his Marylan[...]

May 15, 2013

Administrative – Appeal Dismissed in Medicaid Cutback Case – Appeal Dismissed in Medicaid Cutback Case

K.C. v. Shipman In this case involving a cutback in Medicaid services to a class of North Carolina recipients with severe developmental disabilities, the 4th Circuit dismisses an appeal of a preliminary injunction ordering the state Medicai[...]

May 9, 2013

Administrative – Exhausted’ Litigant Exhausted His FOIA Remedy

Coleman v. Drug Enforcement Administration Despite a statutory mandate requiring federal agencies to respond to FOIA requests and appeals within 20 working days, defendant Drug Enforcement Administration ultimately took two and one-half year[...]