· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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