Administrative

May 8, 2013

Administrative – Licenses & Permits – Engineers & Surveyors – Suspension & Reprimand

In re Suttles Surveying, P.A. Even though there was a contract dispute between the respondent-surveyor and his customer, the N.C. Board of Examiners for Engineers and Surveyors did not adjudicate this dispute.

May 3, 2013

Administrative – State Gets Hearing Before Federal Fund Cut-Off

S.C. Dep’t of Education v. Duncan, Sec’y of Dep’t of Educ. The 4th Circuit has jurisdiction to hear a state’s challenge to the federal Department of Education’s refusal to waive the entire amount of money the state owed for faili[...]

May 3, 2013

Administrative – Court Won’t Review Security Clearance Case

Hegab v. Long An employee of a federal intelligence agency who alleges he lost his top-secret security clearance and his job after he married a Muslim woman cannot sue the agency for violation of his constitutional rights, reinstatement an[...]

May 3, 2013

Administrative – BIA Cites Improved Conditions in Peru

Suarez-Valenzuela v. Holder A Peruvian petitioner loses his appeal of a BIA decision that says he must be deported despite his fear of torture by government officials for his trial testimony about a police officer murdering petitioner’s [...]

Apr 3, 2013

Administrative – Lobbying Statutes – Interpretation – ‘Acting in Concert’ – Ignorance of Principal

Mark Beason v. North Carolina Department of the Secretary of State : The General Assembly gave the N.C. Ethics Commission – and not respondent – authority to interpret lobbying laws; therefore, respondent had no authority to interpret lo[...]

Apr 3, 2013

Administrative – Lobbying Statutes – Direct Communication or Activities – Interpretation – Acting in Concert

Donald Beason v. North Carolina Department of the Secretary of State While the superior court found that petitioner never directly communicated with any individual on behalf of his alleged principals, the superior court failed to address w[...]

Apr 3, 2013

Administrative – Civil Practice – Mootness – Civil Penalties – Aggravation

Donald Beason v. North Carolina Department of the Secretary of State Petitioner asked the superior court to conclude that respondent lacked the authority to enhance civil fines using “aggravating” and “mitigating” factors pursuant to[...]

Mar 15, 2013

Administrative – Medicaid Recipients Win Injunction With Remand

Pashby v. Delia The 4th Circuit says a district court did not err in granting a preliminary injunction to a class of Medicaid recipients challenging the state legislature’s decision to limit their access to in-home Personal Care Services, [...]

Feb 6, 2013

Administrative – Immigrant’s Prior Conviction Was ‘Crime of Violence’

Mondragon v. Holder A Salvadoran citizen who had temporary protected status is not eligible for discretionary relief from removal under the Nicaraguan Adjustment and Central American Relief Act because his 1996 conviction of assault and bat[...]

Jan 31, 2013

Administrative – Immigration – Prisons & Jails – Permanent Resident Alien – Prison Programs

Patel v. Napolitano A federal inmate who is a permanent resident alien in the U.S. cannot sue for a declaration that he is a U.S. national based his application for citizenship, Selective Service registration and declaration of permanent al[...]

Jan 18, 2013

Administrative — No FOIA Docs for Contractor Being Sued

American Mgmt. Services LLC v. Dep’t of the Army Documents provided to the federal government by a military housing contractor to obtain approval to terminate the contractor’s partnership with another company and sue it for alleged fraud[...]

Jan 16, 2013

Administrative – CON – Underserved Populations – Comparison Data Unavailable

WakeMed v. North Carolina Department of Health & Human Services The purpose of G.S. § 131E-183(a)’s Criterion 13(a) is to allow a certificate of need (CON) applicant to “demonstrate the contribution of the proposed service in meeti[...]