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Tag Archives: Administrative

Administrative – Coal Miner – Black Lung Benefits – ‘Legal Pneumoconiosis’ (access required)

Harman Mining Co. v. Director, OWCP An administrative law judge’s award of black lung benefits to a miner who worked in Virginia coal mines for nearly 17 years is supported by substantial evidence, and the 4th Circuit rejects appellant mining company’s contention that the ALJ’s reference to a preamble to 2000 revisions of DOL regulations violated the Administrative Procedure Act.

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Administrative – Public Utilities – Cable Company – Regional Sports Network – No Unlawful Discrimination (access required)

TCR Sports Broadcasting Holding LLP d/b/a Mid Atlantic Sports Network v. FCC A regional sports network loses its challenge to an FCC order upholding a cable company’s decision on limited broadcast in North Carolina of Baltimore Orioles and Washington Nationals baseball games, for which there was limited demand; the 4th Circuit upholds the FCC finding that the cable company did not engage in unlawful discrimination under the Telecommunications Act of 1934.

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Administrative – Medicare – Denial of Coverage – Arthritis Treatment (access required)

Almy v. Sebelius The 4th Circuit upholds the Secretary of Health and Human Services’ denial of Medicare Part B coverage for the BIO-1000, a device to treat osteoarthritis of the knee, rejecting the claims of the manufacturer’s bankruptcy trustee that the Secretary improperly used the adjudicative process to develop a policy denying coverage and her decisions were arbitrary and capricious.

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Municipal – Administrative – Privilege License – Taxation – Electronic Gaming Operations (access required)

Smith v. City of Fayetteville Electronic gaming operations are legal, and the city has the authority to impose a privilege license tax on legal businesses. But the city may not impose a tax so prohibitively high that it prevents a business owner from conducting a profitable business unless the city can show that the tax was necessary to pay for increased police enforcement, or that the businesses suffered because of mismanagement rather than the increased tax.

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Constitutional – Commerce & Contract Clauses – Real Property – Environmental – Landfill – Municipal – Administrative – Out-of-State Waste (access required)

Waste Industries USA v. State New landfill legislation affected in-state and out-of-state waste equally and was rationally related to public health and other benefits. It did not violate the Commerce Clause of the U.S. Constitution.

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Labor & Employment – Administrative – Health Care Personnel Registry – Patient Abuse Allegation (access required)

Deese v. North Carolina Department of Health & Human Services Respondent presented evidence that petitioner may have been less than gentle with two patients; however, respondent did not show that petitioner – who had 20 years of continuous employment without a serious incident and only one non-serious incident – “abused” either patient.

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Labor & Employment – Administrative – Health Care Personnel Registry – Neglect Allegation – Inexperienced Aide – Unexpected Situation (access required)

Leigh v. Department of Health & Human Services While the nursing home’s care plan for resident “L.A.” required two people to move L.A. from her bed to the shower, the care plan did not say L.A. could not be left alone. After helping the young, inexperienced and physically slight petitioner move L.A. to the shower, a more experienced aide left petitioner alone with L.A.

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Administrative – Licenses & Permits – ABC Permit – Sale to Underage Customer – Counterfeit CDs & DVDs – Convicted Felon – Firearm (access required)

NC Alcoholic Beverage Control Commission v. CK2, LLC While executing a search warrant for illegal gambling devices at respondent’s convenience store, police found a firearm – which the store owner had a permit to buy – in a cigar box in front of a store employee who was a convicted felon. In addition, the store owner admitted that CDs and DVDs were sold in the store, and counterfeit CDs and DVDs were found among those for sale.

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Administrative – Immigration – Removal Order – Vacated – Adjusted Status – Waiver of Inadmissibility (access required)

Bracamontes v. Holder Section 212(h) of the Immigration and Nationality Act does not bar an alien who adjusts his status post-entry to lawful permanent resident from seeking a waiver of inadmissibility, and the 4th Circuit grants a petition filed by this married father of three, who obtained lawful resident status prior to his felony conviction and marriage to a U.S. citizen, vacates the order of removal, and remands the case to the Board of Immigration Appeals.

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