Liliana Yearns

Authorized representative lacks standing to seek direct appeal posthumously for Medicaid beneficiary

A Petition for Direct Appeal was submitted by an authorized representative who had been appointed by a Medicaid beneficiary’s conservator.  The Medicaid beneficiary had died prior to the filing of the Petition.  The question central to this matter was whether the authorized representative could still act on behalf of the beneficiary after her death. The […]

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Student and parents waived right to bring certain IDEA claims when they consented to settlement

About one month after signing an agreement with the school district to settle a due-process complaint brought under the Individuals with Disabilities Education Act (IDEA), a student and his parents filed four additional complaints. The Court dismissed these complaints because the signed settlement agreement contained a provision whereby the student’s family waived their right to

Student and parents waived right to bring certain IDEA claims when they consented to settlement Read More

Exact wording of driver’s consent to DUI breath test not required for officer to meet burden

In contesting his license suspension, a driver argued that the results of the state-administered breath test should not be considered because the arresting officer could not recall the exact words used to obtain the driver’s consent for the test. The Court rejected this argument, concluding instead that a witness who cannot recollect the exact words

Exact wording of driver’s consent to DUI breath test not required for officer to meet burden Read More

Court finds insufficient evidence linking student’s alleged mood disorder to violent episodes

A high school student and her parent sought to overturn the results of a manifestation-determination review, which had concluded that the student’s incidences of physical violence against a peer and a teacher were not a result of her disabilities. The Court denied the student and parent’s request for relief.  Despite the parent maintaining that the

Court finds insufficient evidence linking student’s alleged mood disorder to violent episodes Read More

One-hour bus ride for student receiving special-education services found acceptable under IDEA

A 10-year-old student and his parents alleged that the school district violated the Least Restrictive Environment provision (LRE) of the Individuals with Disabilities Education Act (IDEA) by not placing him at the school closest to his home. The parents were particularly concerned that the student would suffer harm from the one-hour bus ride he would

One-hour bus ride for student receiving special-education services found acceptable under IDEA Read More

Pharmacist’s license suspended following illegal sales of narcotics

This case involved a pharmacist who, per the instructions of his employer, dispensed narcotics illegally and falsified records of the pharmacy’s narcotic sales. The Court suspended the pharmacist’s license for 12 months or until his criminal probationary sentence ends, whichever is later.  In ordering suspension rather than revocation, the Court took into consideration the pharmacist’s

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