Justia Government & Administrative Law Opinion Summaries

WTS Acquisition Corporation purchased Ameritemps, Inc. and then transferred the assets to its wholly owned subsidiary, RFFG, LLC. RFFG continued operating the business under the Ameritemps name. The Ohio Bureau of Workers’ Compensation notified RFFG that it had determined that RFFG was a successor employer for workers’ compensation purposes and that it intended to calculate RFFG’s workers’ compensation premium rate based on Ameritemps’ experience rating. RFFG filed a complaint for a writ of mandamus alleging that the Bureau had abused its discretion when it determined RFFG to be the successor in interest to Ameritemps. The court of appeals denied the writ. The Supreme Court affirmed, holding that the court of appeals did not err in concluding that the decision of the Bureau was supported by the evidence and was not an abuse of discretion.View "State ex rel. RFFG, LLC v. Ohio Bureau of Workers' Comp." on Justia Law

Mark Trenier appealed a trial court's grant summary judgment in favor of the City of Prichard and its mayor, Troy Ephriam. This appeal involved a dispute over the interpretation of section 11-43C-38(a), Ala. Code 1975, which governed the appointment and removal from office of fire chiefs and police chiefs in Class 5 municipalities such as the City of Prichard. Trenier became the duly appointed fire chief for the City of Prichard in 2007 in accordance with section 11-43C-38(a). The "Time of Performance" section of the employment agreement expressly stated that Trenier would provide services for five years. The mayoral election for the City of Prichard was held in October 2012, at which time Troy Ephriam, who had served on the city council, was elected mayor of the City of Prichard. Before the conclusion of his mayoral term in 2012, former-Mayor Davis on two separate occasions attempted to have the city council approve subsequent employment agreements for Trenier and to have him reappointed as the fire chief; both attempts, however, were unsuccessful. Although Trenier's employment agreement expired on April 19, 2012, he continued to serve as fire chief until April 8, 2013, at which time newly elected Mayor Ephriam notified him that his employment was officially terminated. On July 16, 2013, Trenier filed a complaint against Mayor Ephriam in his official capacity, as well as against the City of Prichard, alleging a violation of his employment rights under 11-43C-38(a) and sought damages as a result thereof. Finding no reversible error in the trial court's decision, the Supreme Court affirmed.View "Trenier v. City of Prichard" on Justia Law

In 2013, the Department of Health (DOH) announced that, pursuant to an extensive reorganization of public health services referenced in Governor Tom Corbett’s 2013-2014 budget, twenty-six State Health Centers would be closed and approximately twenty-six nurse consultants would be furloughed. In response, a lawsuit was filed in Commonwealth Court’s original jurisdiction by Appellants SEIU Healthcare Pennsylvania, an unincorporated labor organization, five nurses employed by the Centers and represented by SEIU, and five Pennsylvania state legislators (collectively referred to as “SEIU”), seeking injunctive and declaratory relief. Specifically, SEIU sought to prevent Appellees, the Commonwealth of Pennsylvania, Governor Corbett, the DOH, and DOH Secretary, Michael Wolf, from closing the Centers and furloughing the nurse consultants. The Commonwealth Court denied the union's request. Upon review of the matter, the Supreme Court found no reasonable ground for the denial of injunctive relief, and, accordingly, reversed the order of the Commonwealth Court.View "SEIU Healthcare, et al v. Pennsylvania" on Justia Law

In 2010, the Workers’ Compensation Board (“Board”) adopted Medical Treatment Guidelines, which include a list of pre-authorized medical procedures and set forth limitations on the scope and duration of each procedure. The Guidelines also set forth a variance procedure, under which the medical treatment provider requesting a variance must demonstrate that the requested treatment is medically necessary. In 2009, Claimant received authorization from the Special Fund for Reopened Cases (“the carrier”) for acupuncture for chronic neck and back pain that she suffered as a result of work-related injuries. In 2010, a doctor recommended that Claimant receive additional acupuncture treatment and requested two variances under the newly-created Guidelines. The carrier denied the variance requests. A Workers’ Compensation Law Judge determined that Claimant’s medical provider failed to show that the additional acupuncture treatments were medically necessary, and the Board affirmed. The Appellate Court affirmed. The Court of Appeals affirmed, holding (1) the Board did not exceed its statutory authority in promulgating the regulations; (2) the variance procedure does not improperly shift the burden to the claimant’s treating physician to prove medical necessity; and (3) the Guidelines do not deny injured workers due process.View "Matter of Kigin v. State Workers' Comp. Bd." on Justia Law

Petitioners the Strafford County Sheriff's Office and the Strafford County Board of Commissioners (collectively, the county), appealed an order of the New Hampshire Public Employee Labor Relations Board (PELRB), which found that the county committed an unfair labor practice by changing the terms and conditions of employment of Sheriff's Office employees during the period when respondent New England Police Benevolent Association, Local 295 (union), was seeking certification of a bargaining unit that included those employees. Finding no reversible error, the Supreme Court affirmed.View "Appeal of Strafford County Sheriff's Office" on Justia Law

Respondent Kimberly Legette was employed by Appellant Nucor Corporation from 1998, through 2010. Nucor terminated Legette's employment after she failed a random on-site drug test in violation of Nucor's drug policy. Although Legette obtained an independent drug test, which tested negative for drugs, she was fired from her job at Nucor based on the two positive drug test results. Legette subsequently applied for unemployment benefits. Nucor requested that Legette be denied unemployment benefits, contending she was statutorily ineligible to receive them because she was fired for violating Nucor's drug policy by testing positive for drugs. This direct appeal from the Administrative Law Court (ALC) presented for the Supreme Court's review a threshold procedural challenge to appealability, and substantively, to the awarding of unemployment benefits to an employee terminated for failing a drug test administered by a laboratory that was not properly certified. Because this appeal arose from a final resolution of all issues, the Court found the matter is appealable. The Court affirmed the ALC.View "Nucor v. SCDEW" on Justia Law

Plaintiffs Brett Woods and Kathleen Valdes were state employees and representatives of a class of New Mexico state and local government employees who alleged they paid for insurance coverage through payroll deductions and premiums pursuant to a policy issued by Standard Insurance Company (Standard), but did not receive the coverage for which they paid and, in some cases, were denied coverage entirely. Plaintiffs filed suit in New Mexico state court against three defendants: Standard, an Oregon company that agreed to provide the subject insurance coverage; the Risk Management Division of the New Mexico General Services Department (the Division), the state agency that contracted with Standard and was responsible for administering benefits under the policy; and Standard employee Martha Quintana, who Plaintiffs allege was responsible for managing the Division’s account with Standard and for providing account management and customer service to the Division and state employees. Plaintiffs' ninety-one-paragraph complaint, stated causes of action against Standard and the Division for breach of contract and unjust enrichment; against Standard for breach of fiduciary duty, breach of the implied duty of good faith and fair dealing, and Unfair Practices Act violations; and against Standard and Ms. Quintana for breach of the New Mexico Trade Practices and Fraud Act. The issue this appeal presented for the Tenth Circuit's review centered on whether remand to the state court pursuant to the Class Action Fairness Act (CAFA) was required under either of two CAFA provisions: the state action provision, which excludes from federal jurisdiction cases in which the primary defendants are states; or the local controversy exception, which requires federal courts to decline jurisdiction where, among other things, there is a local defendant whose alleged conduct forms a significant basis for the claims asserted by plaintiffs and from whom plaintiffs seek significant relief. The Court concluded that neither provision provided a basis for remand, and therefore reversed the decision of the magistrate judge remanding the case to state court. But because the Tenth Circuit could not determine whether Defendants have established the amount in controversy required to confer federal jurisdiction, the case was remanded to the district court for the resolution of that issue.View "Woods v. Standard Insurance Co." on Justia Law

Mathew filed suit challenging the Board's order in this case, raising a Recess Appointments Clause challenge. A panel of three Board members decided Mathew's case and Mathew argues that one of those three members, Craig Becker, was appointed by the President without either Senate consent or compliance with the Clause. President Obama appointed Member Becker by recess appointment during an intra-session Senate recess of 17 days. Based on the Supreme Court's recent decision in National Labor Relations Board v. Noel Canning, the court concluded that the President's appointment of Member Becker was constitutionally valid. The court lifted a prior order withholding issuance of the mandate rejecting Mathew's other challenges and ordered issuance of the mandate.View "Mathew Enterprise, Inc. v. NLRB" on Justia Law

Plaintiff James Conrad appealed a Superior Court order granting the defendants’ motion for a directed verdict on grounds that they were entitled to sovereign, official, and qualified immunity. Plaintiff sued both defendants, New Hampshire Department of Safety (NHDS) and New Hampshire State Trooper Lieutenant Mark Myrdek, for false imprisonment, and against Myrdek for a violation of his civil rights pursuant to 42 U.S.C. 1983 (2012), seeking damages for events that occurred on November 28, 2007. Plaintiff alleged defendants falsely imprisoned him and violated his civil rights when defendants tried to calm plaintiff down after he made disparaging remarks about his wife (who was leaving him), tried to resign his position with the Department, and threatened to commit suicide. The defendants cross-appealed, raising evidentiary issues. Finding no reversible error, the New Hampshire Supreme Court affirmed the Superior Court's order.View "Conrad v. New Hampshire Department of Safety" on Justia Law

The Fairfax County School Board suspended Plaintiff, a food and nutrition services manager at Twain Middle School, without pay for three days for allegedly violating Fairfax County Public Schools regulations. Plaintiff filed a complaint seeking a declaratory judgment that Va. Code 22.1-315(A) requires school boards to conduct a hearing prior to suspending an employee without pay. The circuit court granted the school board’s motion for summary judgment, concluding that the statute does not require a school board to hold a hearing prior to suspending a non-teaching employee without pay for fewer than five days. The Supreme Court affirmed, holding that the circuit court did not err in its interpretation of the statute.View "Payne v. Fairfax County Sch. Bd." on Justia Law