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Administrative – Social Security Disability – Treating Physician – Weight
The administrative law judge cited specific examples to explain why the 2018 opinion of treating physician Dr. Paul Weaver was not entitled to controlling weight: (1) Weaver’s treatment records “reflect no significantly adverse mental health findings” and (2) Weaver noted in April 2018 that plaintiff was riding a bicycle for exercise. However, the ALJ did […]
Administrative – Social Security Disability – RFC – Depression & Crohn’s Disease – Physicians’ Opinions
Although plaintiff’s depression is severe, the administrative law judge carefully considered plaintiff’s entire medical record, including his responsiveness to medication, multiple expert reports finding that he maintains a high degree of mental functioning and the capacity to work, and his own treating physician’s assessment that working will “help him psychologically.” The ALJ also inc[...]
Administrative – Social Security – Disability – Subjective Pain Complaints – Daily Activities
In this social security disability case, the administrative law judge erred by disregarding the claimant’s statements about her abdominal pain because the ALJ could not find an objective medical explanation for the intensity of her pain. The ALJ also erred by discrediting the claimant’s assertions of disabling pain based largely on her ability to perform […]
Administrative – Workers’ Compensation – Appeals – Reinstatement Denial – Lack of Findings
Where the Workers’ Compensation Commission summarily denied a motion to reinstate an appeal without engaging in a rational analysis of the good cause standard, the commission failed to exercise its discretion; consequently, there was no exercise of discretion to which we would defer. Plaintiff’s counsel mistakenly placed the due date for his appellate brief on […]
Administrative – Taxation – Appeals – Untimely Protests
In letters dated February 14, 2018, and August 16, 2018, the Department of Revenue denied the appellant-taxpayer’s claim of refunds on her 2012 and 2013 tax returns (filed on August 11, 2017, and August 13, 2018, respectively). Both the denial letters and S.C. Code Ann. § 12-60-450 required the taxpayer to file any protest within […]
Administrative – Social Security Disability – Narcolepsy – New Evidence – Contradictory
Plaintiff’s claim for social security disability, based on his narcolepsy, was denied. Thereafter, his doctor completed a one-page questionnaire in which she said that, if plaintiff were taking the appropriate level of stimulant medication, it would nevertheless be most probable that he would fall asleep at unpredictable times during the working portion of each work […]
Administrative – Jurisdiction found lacking over Navy contractor’s suit
Where a federal contractor sought clarification on whether the nature of its Navy service contract made it subject to California’s labor laws, the suit was dismissed because the contractor failed to satisfy the exhaustion requirements of the Contract Disputes Act or CDA. Background In 2015, employees of a Navy services contractor, Systems Application & Technologies […]
Administrative – ALJ improperly relieved OSHA of its burden of proof
Where the Occupational Safety and Health Administration, or OSHA, did not argue that a company’s safety program was inadequate to prove constructive knowledge during the trial or in its post-trial brief, the administrative law judge, or ALJ, erred by relying heavily on the inadequacy of the safety program in holding that the OSHA violations were […]
Administrative – Agency failed to properly consider pipeline’s impact on fish
Where the Fish and Wildlife Service failed to adequately evaluate the “environmental baseline” and “cumulative effects” for the Roanoke logperch and the candy darter within the right of way of a proposed pipeline, its biological opinion and incidental take statement was vacated. Background A collection of environmental nonprofit organizations challenge the Fish and Wildlife Service’s [&h[...]
Administrative – Tax Court lacks jurisdiction to consider overpayment claim
Where a statute allows a taxpayer to appeal an adverse administrative ruling of the Internal Revenue Service, or IRS, to the tax court, but here the IRS then determined that the taxpayer owed no money, the tax court lacked jurisdiction to entertain the taxpayer’s independent overpayment claim. Background Brian McLane filed a tax return for […]
Administrative – Government failed to consider pipeline’s impact on environment
Where the United States Forest Service and the Bureau of Land Management, or BLM, failed to account for data suggesting increased sedimentation along the route of a proposed gas pipeline, and approved the use of the conventional bore method to cross streams within the Jefferson National Forest without analyzing its environmental effects, its decisions were […]
Administrative – Environmental – Landfill Changes – Notice & Request for Review
The 15-day period for filing a request for review of a decision of the Department of Health and Environmental Control does not start to run upon a party’s receipt of actual notice of the decision. The General Assembly chose not to include an actual notice trigger when it enacted the statutory provisions governing the procedure […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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