Justia Government & Administrative Law Opinion Summaries

Petitioners seek review of the Board's 2014 decision affirming an award of black lung benefits to Arvis R. Toler. Petitioner contends that, by applying the fifteen-year rebuttable presumption to Toler’s second claim for benefits, the ALJ contravened the Black Lung Benefits Act, 30 U.S.C. 901-945, and its regulations, as well as principles of finality and separation of powers. The court concluded that, the text of the statute and regulations, as well as the preamble to the 2000 Final Rule, demonstrate that the fifteen-year presumption applies to subsequent claims and may be used to establish a change in an applicable condition of entitlement. Therefore, the court rejected petitioner's contention that the ALJ contravened either the Act or the applicable regulations by applying the fifteen-year presumption to Toler’s second claim. The court also rejected petitioner's remaining constitutional contention that utilization of the fifteen-year presumption to decide Toler’s second claim contravened constitutional principles of separation of powers. Accordingly, the court denied the petition for review. View "Eastern Associated Coal Corp. v. DOWCP" on Justia Law

Relator filed suit against PHEAA and other private and state-created student-loan entities under the False Claims Act (FCA), 31 U.S.C. 3729-33, alleging that defendants fraudulently claimed hundreds of millions of dollars in federal student-loan interest-subsidy payments to which they were not entitled. At issue on appeal is whether PHEAA qualifies as an “arm of the state” or “alter ego” of Pennsylvania such that it cannot be sued under the FCA. The court concluded that PHEAA is an independent political subdivision, not an arm of Pennsylvania, and therefore PHEAA is a "person" subject to liability under the FCA. Accordingly, the court reversed the district court’s order granting summary judgment in favor of PHEAA and remanded for further proceedings on the merits of relator’s FCA claims against PHEAA. View "US ex rel. Oberg v. PHEAA" on Justia Law