Justia Government & Administrative Law Opinion Summaries

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The Supreme Court affirmed the order of the circuit court affirming a decision by the West Virginia Board of Medicine that imposed professional discipline upon Dr. Omar Hasan, including a one-year suspension of his medical license with the requirement that he petition for reinstatement, holding that there was no error in the circuit court's order affirming the final order of the Board. On appeal, Hasan argued that the Board erred by failing to adopt recommended findings of fact by its hearing examiner, by misstating various facts in its final order, and by improperly considering the content of certain text messages. The Supreme Court affirmed, holding (1) the Board has the authority to amend findings of fact recommended by its hearing examiner so long as it provides a reasoned, articulate decision that explains the rationale for its changes, and the Board provided such a rationale in this case; (2) the Board did not err in considering the challenged text messages; and (3) the Board did not commit reversible error by misstating certain evidence. View "Hasan v. West Virginia Board of Medicine" on Justia Law

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Petitioners challenged the SEC's denial of whistleblower awards following a $50 million settlement the SEC reached with Deutsche Bank AG. The Second Circuit denied the petitions for review, holding that it was not arbitrary or capricious for the SEC to conclude that Petitioner Doe's submissions did not provide "original information to the Commission that led to" a successful enforcement action, because Doe's submissions were not used by the Deutsche Bank team. Therefore, the SEC was not equitably estopped from denying Doe's award. The court also held that the SEC did not violate Doe's due process rights by failing to provide Doe with certain materials, and the SEC did not act arbitrarily or capriciously by favoring Claimant 2's submissions over Doe's. Furthermore, petitioners were not entitled to an award for the information they submitted in their Form TCR. Finally, the court held that petitioners' remaining claims were without merit. View "Kilgour v. SEC" on Justia Law

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Save Jobs challenged DHS's rule permitting certain visa holders to seek lawful employment. The rule permitted H–4 visa holders to obtain work authorization if their H–1B visa-holding spouses have been granted an extension of status under the Immigration and Nationality Act or are the beneficiaries of approved Form I–140 petitions but cannot adjust status due to visa oversubscription. The DC Circuit reversed the district court's finding that Save Jobs lacked Article III standing and granting of summary judgment for the Department. The court held that Save Jobs has demonstrated that the rule will subject its members to an actual or imminent increase in competition, and thus Save Jobs has Article III standing to pursue its challenge. The court remanded to give the district court an opportunity to thoroughly assess and finally determine the merits in the first instance. View "Save Jobs USA v. DHS" on Justia Law

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For four years, nurse practitioner Jordan treated Clanton’s severe hypertension. Jordan, an employee of the U.S. Public Health Service, failed to properly educate Clanton about his disease or to monitor its advancement. Clanton’s hypertension developed into Stage V kidney disease requiring dialysis and a transplant. Clanton successfully sued the government under the Federal Tort Claims Act. The court determined that Clanton had not contributed at all to his own injuries, noting that Clanton did not understand why it was important to take his medication and to attend appointments. The court awarded $30 million in damages. The Seventh Circuit vacated, finding that the court erred in its analysis of comparative negligence. Clanton’s subjective understanding does not end the inquiry. Illinois law requires the court to take the additional step of comparing Clanton’s understanding of his condition to that of a reasonable person in his situation. Clanton was in the position of a person whose caregiver failed to provide information about the severity of his condition but he had external clues that he was seriously unwell: two employment-related physicals showed that he had dangerously high blood pressure. The court upheld the court’s method of calculating damages and agreed that Clanton’s Medicare benefits are collateral to his damages award under Illinois law, so the government is not entitled to a partial offset. View "Clanton v. United States" on Justia Law

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McGuffin began his employment with SSA as a preference-eligible veteran, entitled to receive CSRA (Civil Service Reform Act, 92. Stat. 1111) protections after one year. During his first months, McGuffin had a low case completion rate and had cases that were past the seven-day benchmark. He requested training; SSA sent him to a training course. SSA was apparently otherwise satisfied with his work. About eight months after his hiring, SSA began to consider terminating McGuffin. It was noted that, as a preference-eligible veteran in the excepted service, McGuffin would acquire procedural and appellate rights after completing one year of service, so that “McGuffin must be terminated prior to the end of his first year” while another employee could be terminated "within her 2-year trial work period.” Although his work improved, four days before attaining full employee status, SSA terminated McGuffin for failure to “satisfactorily perform the duties” of the attorney advisor position. In a case under the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301–35, which prohibits discrimination based on military service, the Federal Circuit reversed the Merit Systems Protection Board. SSA closed the door on McGuffin before the end of his first year to avoid the inconvenience of defending itself should McGuffin assert his procedural CRSA safeguards. McGuffin’s preference-eligible veteran status was a substantial factor in SSA’s termination decision. McGuffin was not performing so poorly as to justify the rush to remove him. View "McGuffin v. Social Security Administration" on Justia Law

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J.B. was born four weeks prematurely but progressed normally. At his four-month well-baby visit, J.B. was healthy, with normal chest and lungs and no fever, nasal congestion, or cough; J.B. received vaccinations for diphtheria-tetanus-acellular pertussis, inactivated polio, pneumococcal conjugate, rotavirus, and Hepatitis B. That evening, J.B. reportedly had a fever. At 4:00 AM and 8 AM, J.B.’s parents gave him Advil. In the early afternoon, J.B.’s father put him down for a nap on his back in his crib. J.B.’s mother checked on him and found him unresponsive on his right side. At 2:39 PM, J.B.’s mother called 911 and attempted CPR. Responders transported J.B. to the hospital. J.B. was pronounced dead at 4:01 PM. His crib contained soft blankets and a flat soft pillow but no clutter or toys. The medical examiner concluded that the cause of death was SIDS. In a case under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. 300aa-1, a Special Master found that the parents were entitled to compensation. The Claims Court reversed and the Federal Circuit agreed, holding that the Special Master erred by lowering the standard of proof for causation in a case involving an injury not listed on the Vaccine Act Injury Table. The parents failed to prove by a preponderance of the evidence that vaccinations can and did cause or contribute to J.B.’s SIDS death. View "Boatmon v. Secretary of Health & Human Services" on Justia Law

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Coleman challenged the Commission's decision that its 18 working-days-late response to a citation notice that had been misplaced in the company's internal mail system demonstrated inexcusable neglect and barred the company from contesting the citations for nearly $70,000. The Fifth Circuit held that the Commission's decision misapplied Federal Rule of Civil Procedure 60(b), which applied under the Commission's own regulations. The court held that the equities weighed in favor of the Company having an opportunity to assert its defenses in OSHA's administrative proceedings. Therefore, the Commission's contrary determination denying relief from the untimely filing was legally in error and an abuse of discretion. Accordingly, the court vacated that decision, remanding for a hearing on the merits of the OSHA violations. View "Coleman Hammons Construction Co. v. Occupational Safety and Health Review Commission" on Justia Law

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The Northern California Power Agency and three California cities, Redding, Roseville, and Santa Clara (plaintiffs) purchase hydroelectric power that is generated by power plants under the jurisdiction of the U.S. Bureau of Reclamation. The plaintiffs sought to recover payments that they claim were unlawfully assessed and collected by the Bureau in violation of the Central Valley Project (CVP) Improvement Act, 106 Stat. 4706, 4706–31. Section 3407(d) of the CVPIA requires that “Mitigation and Restoration” (M&R) payments made by recipients of power and water from the project be assessed in the same proportion, to the greatest degree practicable, as other charges assessed against recipients of water and power from the project. Although the power customers’ allocated share of the CVP repayment costs has been only about 25 percent of the total repayment costs, the Bureau in recent years has charged the customers nearly half of the total M&R payments. The Claims Court concluded that the Bureau’s interpretation of the statute was correct and dismissed the complaint. The Federal Circuit reversed. The proportionality requirement is a true “limitation” and takes priority over the $50 million collection target. The Bureau failed to take measures necessary to achieve the goal of proportionality “to the greatest degree practicable.” View "Northern California Power Agency, City of Redding v. United States" on Justia Law

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Zachariah and Amie Lord Cooper, and Arlene Palazzo were foster parents of three sibling children placed in their care by the South Carolina Department of Social Services (DSS). The Coopers fostered one of the children, and Palazzo fostered the other two children. DSS initiated removal actions in the family court. The Coopers and Palazzo filed private actions seeking termination of parental rights (TPR) and adoption of their respective foster children. This consolidated appeal stemmed from the family court's order denying several motions made by Foster Parents. The South Carolina Supreme Court affirmed the family court's denial of Foster Parents' motions for joinder. The Supreme Court reversed the family court's denial of Foster Parents' motions to intervene. The matter was remanded for further consideration of Foster Parents' motions for consolidation. View "Cooper v. SCDSS" on Justia Law

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The Supreme Court reversed the judgment of the court of appeals reversing the judgment of the court of common pleas concluding that the Streetsboro Planning and Zoning Commission acted arbitrarily and capriciously by denying Appellant's application for a conditional-use permit, holding that that court of appeals exceeded its scope of review in this case. Finding that Appellant's expert lacked credibility, the Commission determined that Appellant did not establish by clear and convincing evidence that Appellant's proposed conditional use met the relevant standards outlined in the relevant ordinances. The court of appeals pleas determined that the Commission's denial of the application was arbitrary and capricious. The court of appeals reversed, holding that the Commission could have justifiably concluded that Appellant's expert lacked credibility. The Supreme Court reversed, holding that the court of appeals had no authority to second-guess the court of common pleas' decision on questions going to the weight of the evidence supporting the Commission's findings. View "Shelly Materials, Inc v. City of Streetsboro Planning & Zoning Commission" on Justia Law