Turkson v. Holder In deciding this petition for deferral of removal based on petitioner’s fear of torture if he is returned to his native Ghana, the 4th Circuit says the Board of Immigration should have applied the “clearly erroneous” standard instead of the de novo review standard, and it grants the petition, vacates the BIA’s decision in favor of the Department of Homeland Security and remands the case for further proceedings.Read More »
Administrative – Real Property – Development Permits – Wastewater Treatment – Expiration – Statutory Tolling
Cambridge Southport, LLC v. Southeast Brunswick Sanitary District Even though the original developer defaulted and its Application for Service Capacity Allocation lapsed according to its terms, “An Act to Extend Certain Government Approvals Affecting the Development of Real Property Within the State” saves the new developer from having to re-pay all the fees the original developer had already paid to the defendant-sanitary district. We affirm summary judgment for the new developer.Read More »
LeSueur-Richmond Slate Corp. v. Fehrer A Virginia slate quarry that was subjected to 25 warrantless inspections of its mining operations over a seven-month period under the state’s Mineral and Mine Safety Act and cited for 32 violations has no civil rights claim under 42 U.S.C. § 1983 for illegal searches because neither the Act authorizing the searches nor the conduct of the searches violates the Fourth Amendment; the 4th Circuit affirms dismissal of appellant mine’s suit.Read More »
Hancock v. Astrue An administrative law judge can reject findings that a claimant is mentally retarded even if there is only one set of test scores in the record; the 4th Circuit joins the majority of federal appeals courts in this view, and upholds the ALJ’s rejection of this claimant’s application for supplemental security income benefits, in light of her past work history and ability to manage daily life.Read More »
Labor & Employment – Public Employees – Administrative – Certification – Law Enforcement – Relative’s Pain Killers
Mauldin v. North Carolina Criminal Justice Education & Training Standards Commission (Lawyers Weekly No. 12-09-0020, 7 pp.) (Beecher R. Gray, ALJ) 10 DOJ 00583; OAH Holding: When a law enforcement officer’s migraines flared during a time of family stress, his mother-in-law offered, and he took, Darvocet prescribed to her. Given the officer’s long and otherwise commendable service, this error in judgment should not lead to the suspension of his law enforcement certification. It is proposed that petitioner retain his law enforcement certification.Read More »
Thomas v. North Carolina Sheriffs Education & Training Standards Commission While petitioner was attending a Detention Officer Certification Course, she did not know how to use the sheriff’s office computer to correctly enter the time she had worked. Although it was petitioner’s responsibility to submit a time sheet that was a correct statement of her hours worked, it was not inherently improper for her to rely upon the information entered by the officer who used the computer before her and who had worked exactly the same hours as petitioner.Read More »
Charlotte-Mecklenburg Hospital Authority v. N.C. Department of Health & Human Services Even though the intervenor-applicant asked to build a new emergency department (ED) with 14 beds, it was within the respondent-agency’s authority to grant the application for only a nine-bed ED. We affirm the agency’s conditional grant of the intervenor’s application and its denial of petitioner’s application.
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West Virginia CWP Fund v. Stacy A widow wins survivor’s benefits under the Black Lung Benefits Act without having to prove her coal miner husband died from pneumoconiosis, because the Patient Protection and Affordable Care Act says an eligible survivor of a miner receiving benefits at the time of death is automatically entitled to survivor benefits; the 4th Circuit rejects petitioner’s constitutional and statutory challenges to the PPACA.
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CGM LLC v. BellSouth Telecommunications Inc. The 4th Circuit upholds dismissal of a suit filed by a billing agent for local telecommunications carriers against BellSouth, the incumbent local exchange carrier, as plaintiff billing agent does not have statutory standing to bring this suit.Read More »
Meyer v. Astrue A claimant who suffered back, wrist and shoulder injuries when he fell 25 feet from a deer stand has his claim for social security disability benefits remanded to the Appeals Council because the 4th Circuit cannot determine from the record if substantial evidence supports the denial of benefits.Read More »