Justia Government & Administrative Law Opinion Summaries

The Lac Courte Oreilles Band of Lake Superior Chippewa Indians is a federally recognized tribe in northwestern Wisconsin. In 2013 the Tribe’s Community Health Center hired Mestek as the Director of Health Information. In 2017 the Health Center implemented a new electronic health records system. Mestek soon raised questions about how the new system operated, expressing concern to management that the Center was improperly billing Medicare and Medicaid. An eventual external audit of the Center’s billing practices uncovered several problems. After receiving the audit results in 2018, Bae, the head of the Health Center, called Mestek into her office to ask if she was “loyal.” Mestek answered yes, but persisted in her efforts to uncover billing irregularities. A month later, Mestek learned that she was being fired in a meeting with the Medical Director and the HR Director. Mestek sued the Health Center and six individuals (in both their personal and official capacities) under the False Claims Act’s anti-retaliation provision, 31 U.S.C. 3730(h). The district court dismissed.The Seventh Circuit affirmed. The doctrine of tribal sovereign immunity precluded Mestek from proceeding; the Health Center is an arm of the Tribe. The individual employee defendants also properly invoked the Tribe’s immunity because Mestek sued them in their official capacities. View "Mestek v. Lac Courte Oreilles Community Health Center" on Justia Law

The Idaho Industrial Commission issued an order denying Veronica Arreola’s petition for a declaratory ruling and motion for reinstatement of compensation. Arreola brought her petition and motion against the Granite State Insurance Co. (“the Surety”), when the Surety, without an order from the Commission invoked I.C. section 72-434 to suspend Arreola’s compensation payments. In the Surety’s unilateral and private determination, suspending Arreola’s compensation payments was appropriate because the Surety had purportedly scheduled Arreola’s Independent Medical Exam (“IME”) with its physician at a “reasonable” time, and Arreola “unreasonably” failed to submit to or had obstructed the scheduled IME by not appearing. Arreola’s petition and motion disputed these private conclusions by the Surety. Arreola also maintained that only the Commission has the authority to adjudicate the underlying medical exam dispute and determine whether there is a factual basis to execute the enforcement mechanisms in Idaho Code section 72-434. The Commission denied the petition and motion, instructing Arreola to instead proceed through a complaint for relief. The Idaho Supreme Court concluded its decision in Brewer v. La Crosse Health & Rehab, 71 P.3d 458 (2003) interpreting Idaho Code section 72-434 was manifestly wrong. "Only the Commission has the authority to adjudicate medical exam disputes, and to enforce that adjudication through the enforcement mechanisms in section 72-434." In light of this, Arreola’s concern that the Surety’s unilateral execution of the enforcement mechanisms in section 72-434 also suspended her right to file a “complaint” to seek relief was now abated. Nevertheless, the Supreme Court did not affirm: given the shift in the legal landscape with Brewer overruled, the Commission’s order denying the petition and motion was vacated, and the case remanded with instructions that the Commission: (1) order payment of prospective compensation payments that might be owed until such time as the Commission determines that payments are not required under section 72-434; (2) reconsider the appropriate procedural mechanism for adjudicating the underlying factual dispute; and (3) instruct the Surety what procedural mechanism it must use to obtain an order authorizing it to lawfully suspend compensation payments. View "Arreola v. Scentsy, Inc." on Justia Law

The Supreme Court reversed the judgment of the circuit court reversing an administrative law judge's (ALJ) decision determining that Appellant was disqualified from receiving reemployment assistance benefits because he was discharged for work-connected misconduct, holding that this Court could not conduct a meaningful appellate review.The ALJ in this case determined that Appellant could not entitled to reemployment assistance benefits because he was discharged for work-related misconduct, as defined by S.D. Codified Laws 61-6-14.1. The circuit court reversed, concluding that Appellant's habit of hugging co-workers did not constitute misconduct. The Supreme Court reversed, holding that because the ALJ failed to enter findings on Appellant's alleged sexual misconduct, this Court could not conduct a meaningful appellate review. View "Bankston v. New Angus, LLC" on Justia Law

Two Texas employers: Braidwood Management, Inc. (“Braidwood”) and Bear Creek Bible Church (“Bear Creek”), filed suit, as per their closely held religious beliefs, asserting that Title VII, as interpreted in the EEOC’s guidance and Bostock, prevents them from operating their places of employment in a way compatible with their Christian beliefs. Plaintiffs have implicitly asserted that they will not alter or discontinue their employment practices. all parties admitted in district court that numerous policies promulgated by plaintiffs (such as those about dress codes and segregating bathroom usage by solely biological sex) already clearly violate EEOC guidance. Both plaintiffs also contend that they are focused on individuals’ behavior, not their asserted identity.   The Fifth Circuit affirmed the district court’s conclusion that plaintiffs’ claims are justiciable; reversed the class certifications; affirmed the judgment against Bear Creek; affirmed the ruling that Braidwood is statutorily entitled to a Title VII exemption; vacated the judgment that Braidwood is constitutionally entitled to a Title VII exemption; and vacated the judgment regarding the scope-of-Title-VII claims as a matter of law. The court reasoned that under the facts presented, it cannot determine a more appropriate, limited class definition for any of the classes presented here. Accordingly, the court held that both Braidwood and Bear Creek have standing and bring individual claims. Further, the court explained that the EEOC failed to show a compelling interest in denying Braidwood, individually, an exemption. The agency does not even attempt to argue the point outside of gesturing to a generalized interest in prohibiting all forms of sex discrimination in every potential case. View "Braidwood Management v. EEOC" on Justia Law

The Supreme Court affirmed the judgment and orders approving a settlement between Robert Allum and Montana State Fund and dismissing Allum's claims for benefits, holding that Allum resolved all of his dispute benefits, and therefore, the Workers' Compensation Court (WCC) did not have jurisdiction over Allum's remaining stand-alone constitutional challenges.The State Fund accepted liability for the knee injury Allum received at work. Later, Allum notified State Fund that he also asserted a back condition resultant from his knee injury. Allum filed a petition seeking a hearing on his injury claims and also sought a hearing on his claims challenging the constitutionality of the Montana Workers' Compensation Act and the WCC. Allum and State Fund settled the injury claims prior to trial. The WCC approved the settlement agreement and then concluded that it lacked jurisdiction to address Allum's constitutional challenges because Allum had resolved all of his benefit disputes. The Supreme Court affirmed, holding that the WCC's conclusions of law were correct. View "Allum v. Mont. State Fund" on Justia Law

The Supreme Court reversed the judgment of the appellate court affirming the decision of the Compensation Review Board upholding the finding and award of the Workers' Compensation Commissioner for the Second Districting ordering the town of Waterford to accept as compensable Plaintiff's claim for heart disease benefits pursuant to Conn. Gen. Stat. 7-433c, holding that the appellate court erred.In concluding that Plaintiff was entitled to benefits the Commissioner determined that section 7-433c does not define the phrase "uniformed member of a paid municipal fire department." The appellate court affirmed. On appeal, the town argued that the appellate court erred in determining that the definition of "member" in Conn. Gen. Stat. 7-425(5) does not govern whether the plaintiff was a uniformed member of a paid municipal fire department for purposes of section 7-433c. The appellate court affirmed. The Supreme Court reversed, holding that the definition of "member" in section 7-425(5) governs eligibility for benefits under section 7-433c. View "Clark v. Waterford, Cohanzie Fire Dep't" on Justia Law

Plaintiff sought judicial review of the Merit Systems Protection Board’s (MSPB) final decision affirming his removal from the Department of Homeland Security (DHS) but filed his complaint in the district court one day after the statutory deadline prescribed in 5 U.S.C. Section 7703(b)(2). The district court dismissed his complaint as untimely. The district court held in the alternative that Plaintiff had not presented facts to warrant equitable tolling.   The DC Circuit affirmed the dismissal on the alternative ground that Robinson failed to show that he was entitled to equitable tolling. The court explained that in light of the combined weight of intervening United States Supreme Court authority and the decisions of the other circuits interpreting section 7703(b)(2) as a non-jurisdictional claims-processing rule since King, the court now holds that section 7703(b)(2)’s thirty-day filing deadline is a non-jurisdictional claims-processing rule. As such, the record shows that Plaintiff chose to mail his complaint by standard mail four days before the statutory filing deadline and assumed the risk his complaint would arrive late. On these facts, Plaintiff’s decision to use standard mail is a 14 “garden variety claim of excusable neglect” insufficient to warrant equitable tolling. View "Adam Robinson v. DHS Office of Inspector General" on Justia Law

Plaintiff-appellant Sharhea Wise worked as a mail carrier for the United States Postal Service. When she got pregnant, she asked to avoid handling heavy items. The Postal Service agreed to provide help when items were too heavy, but Wise needed to tell someone when she needed help. On two occasions, Wise allegedly had to handle items that were too heavy. Both times, she blamed the Postal Service for failing to accommodate her need for help. The Postal Service argued in response that Wise hadn’t asked for help. Days after Wise allegedly had to handle the heavy items, she walked off the job and the Postal Service fired her. Wise claimed retaliation, attributing the firing to her requests for help. The Postal Service denied retaliation, explaining that it had fired Wise because she walked off the job. Wise characterized this explanation as pretextual. The district court granted summary judgment to the Postal Service, and Wise challenged the rulings. The Tenth Circuit agreed with her challenge on the failure-to-accommodate claim. "On this claim, a reasonable factfinder could find that the Postal Service had failed to accommodate Ms. Wise’s need to avoid handling heavy items." But the Court agreed with the grant of summary judgment on the retaliation claim because: (1) the Postal Service presented a neutral, nonretaliatory explanation for the firing; and (2) Wise lacked evidence of pretext. View "Wise v. DeJoy" on Justia Law

The Supreme Court reversed the decision of the court of appeals and reinstated the opinion and award filed by the North Carolina Industrial Commission in favor of Plaintiff following a tractor-trailer accident in which Plaintiff, an employee a trucking company, sustained injury, holding that the agency's decision should not have been disturbed by the lower appellate court.After the accident, Plaintiff provided notice to her employer and its insurance carrier of the accident and of the injury her husband received in the accident but did not report injury to herself. The Commission concluded that Plaintiff's injury was causally related to the accident, that Plaintiff had a reasonable excuse for not providing notice of her injury until two years later, that Defendants were not prejudiced, and that Plaintiff was totally disabled as a result of her injury. The court of appeals reversed. The Supreme Court reversed, holding that there was no error in either the Commission's findings of fact or in its conclusions of law. View "Sprouse v. Turner Trucking Co." on Justia Law

The Supreme Court granted in part and denied in part a writ requested by Petitioners prohibiting the Honorable David H. Wilmoth, Judge of the Circuit Court of Randolph County, from enforcing its order denying Petitioners' motion to dismiss certain claims set forth in the underlying wrongful termination complaint, holding that some of Respondents' claims should have been dismissed.On appeal, Respondents argued that Petitioners failed to exhaust their administrative remedies through the state public employees grievance procedure, W. Va. Code 6C-2-1 to -8, and that other claims were subject to dismissal for failure to state a claim upon which relief can be granted. The Supreme Court granted the requested writ in part, holding (1) the circuit court erred in denying Respondents' motion to dismiss certain claims; and (2) the remaining claims were not barred by the exhaustion rule and were sufficiently pled to go forward. View "State ex rel. Devono v. Honorable Wilmoth" on Justia Law