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· 1/16/1998

Glorious Church of God in Christ v. Aetna Casualty & Surety Co.

Citations

  • 44 Va. Cir. 302
  • 1998 Va. Cir. LEXIS 39

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that the Second Circuit had not decided which party bears the burden of proof at a trial de novo but assuming the plaintiff has the burden
  • holding that, when reviewing the sanction imposed by the Agency, a court assesses “whether the Secretary’s action was arbitrary or capricious, i.e., whether it was unwarranted in law or without justification in fact” (quotations and citation omitted)
  • finding “no merit in [the plaintiff’s] arguments that the administrative process violated its due process rights”
  • affirming FNS’s disqualification of firm based on, among other evidence, “rapid successive purchases involving the same household” and “relatively high-dollar transactions given [plaintiffs] size and inventory’
  • affirming grant of summary judgment where store’s accountant identified only three transactions to support the claim “that the suspect transactions were the result of customers buying goods on credit”
  • affirming disqualification and noting that “[a]lthough FNS advised [the plaintiff] of its option to request a monetary penalty and establish its eligibility for one, [the plaintiff] never made such a request to the agency”

Source: CourtListener parenthetical corpus (CC0).

Judges: Markow

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.