24Feb

Fourth Circuit Denies Federal Jurisdiction Under Tax Injunction Act Despite Artful Pleading

By Sophia Blair On January 24, 2017, the Fourth Circuit published Gwozdz v. Healthport Tech., LLC, a civil case. Lawrence Gwozdz (“Gwozdz”) requested his wife’s medical records from several Maryland Hospitals. Before releasing those documents to him, the hospitals, through their contractor Healthport Technologies, LLC (“Healthport”), sent him invoices demanding $23 in sales tax. Though he […]

Tags: federal jurisdiction Maryland remand Tax Injunction Act TIA

16Feb

Fourth Circuit Reaffirms Principle That A Police Chief With Reasonable Belief That Detectives Are Acting Within Scope of Employment Is Entitled To Qualified Immunity from First Amendment Retaliation Claims

Categories: 4th Cir. Blog Civil Cases

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By M. Allie Clayton On February 15, 2017, in the civil case of Crouse v. Town of Moncks Corner, the Fourth Circuit held that the police chief in Moncks Corner had qualified immunity against a claim by two police officers that they had been fired in retaliation for the exercise of their First Amendment rights. […]

Tags: Civil Litigation Civil Rights First Amendment Free Speech Qualified Immunity Retaliation

15Feb

Guest post: Abilt v. CIA: The Secret Case of the Sleepy Spy

Categories: 4th Cir. Blog Civil Cases

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On February 8, 2017, the Fourth Circuit issued a published opinion in the civil case, Abilt v. CIA. The following is a guest post by Tommy Tobin.[*] Abilt v. CIA Employment discrimination law protects individuals from discrimination at work based on their disabilities. But what about covert CIA employees: could they use the court system to allege […]

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14Feb

Fourth Circuit Adopts “Absolute Veto Power” of AG for False Claims Settlements

Categories: 4th Cir. Blog Civil Cases

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By Kelsey Hyde Today, in the civil case of United States ex rel. Michaels v. Agape Senior Community, Inc., the Fourth Circuit published an opinion affirming the district court’s decision on the Attorney General’s unreviewable veto power under 31 U.S.C. § 3730, and dismissing the appeal of an evidentiary issue. In affirming the lower court’s ruling, […]

Tags: Attorney General False Claims Act Fraud Interlocutory Appeal intervention medical care Veto Power

13Feb

Fourth Circuit Reverses and Remands Denial of Social Security Benefits

Categories: 4th Cir. Blog Civil Cases

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By: Kristina Wilson On Thursday, January 19, 2017, the Fourth Circuit issued a published opinion in the civil case Patterson v. Commissioner of Social Security Administration. The Fourth Circuit reversed and remanded the Administrative Law Judge’s (“ALJ”) denial of the plaintiff’s disability benefits due to his failure to evaluate the plaintiff’s alleged mental impairment according […]

Tags: Administrative Law Social Security benefits Social Security Disability Benefits

10Feb

Fourth Circuit Applies Plain Meaning to Bankruptcy Statute

Categories: 4th Cir. Blog Civil Cases

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By Sophia Blair On January 5, 2017, the Fourth Circuit published an amended opinion for the civil case, Lynch v. Jackson, originally decided on January 4, 2017. Bankruptcy Court Decision and Appeal to the Fourth Circuit Gabriel and Monte Jackson (“Jackson”) filed a petition for Chapter 7 bankruptcy relief. Marjorie Lynch (“Lynch”), a Bankruptcy Administrator, moved to […]

Tags: Bankruptcy bankruptcy court motion to dismiss Plain meaning statutory interpretation

6Feb

Fourth Circuit Affirms Dismissal of Data Breach Lawsuit for Lack of Subject-Matter Jurisdiction

Categories: 4th Cir. Blog Civil Cases

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By John Van Swearingen On February 6, 2017, the Fourth Circuit issued a published opinion in the civil case Beck v. McDonald. The plaintiffs appealed the dismissal of their case for lack of subject-matter jurisdiction. In the United States District Court for the District of South Carolina, the plaintiffs brought suit under common-law negligence, the […]

Tags: Administrative Procedure Act Article III Clapper Data Breach Identity Theft Lyons Negligence Privacy Act Standing Subject Matter Jurisdiction

28Jan

Fourth Circuit Reiterates Two-Step Framework for Determining Joint Employment Under the FLSA

Categories: 4th Cir. Blog Civil Cases

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By Katie Baiocchi On January 25, 2017, the Fourth Circuit published Marlon Hall v. DIRECTV, LLC, a civil case. Plaintiffs Marlon Hall, John Wood, Alix Pierre, Kashi Walker and John Albrecht (“Plaintiffs”) appealed the order granting defendants’ DIRECTV, LLC, DIRECTSAT USA, LLC and DIRECTV, INC. (“Defendants”) motion to dismiss under Federal Rules of Civil Procedure […]

Tags: Civil Law Civil Procedure FLSA

28Jan

ERISA Preempts Employee Life Insurance Claim

Categories: 4th Cir. Blog Civil Cases

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By Sophia Blair On January 27, 2016, the Fourth Circuit issued a published opinion in the civil case, Prince v. Sears Holdings Corp., affirming the district court’s dismissal of a life insurance claim for preemption reasons. Plaintiff Billy E. Prince (“Prince”) brought suit against his employer, Sears Holding Corp. (“Sears”), claiming that Sears improperly administered his […]

Tags: benefits Employee Employment Retirement Income Security Act ERISA life insurance preemption

26Jan

Fourth Circuit Affirms Verdict for Plaintiffs in Products Liability Action

Categories: 4th Cir. Blog Civil Cases

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By Mickey Herman On Thursday, January 17, 2017, the Fourth Circuit issued a published opinion in the civil case Huskey v. Ethicon, Inc. The defendant-appellants, Ethicon, Inc. and Johnson & Johnson (collectively “Ethicon”), appealed the district court’s denial of their post-trial renewed motion for judgment as a matter of law (“JMOL”) or, alternatively, for a new trial. […]

Tags: Product Liability Restatement (Second) of Torts Tort

1Dec

Fourth Circuit Affirms Dismissal of FTCA Claim For Untimely Filing

Categories: 4th Cir. Blog Civil Cases

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By Sophia Blair On November 22, 2016, the Fourth Circuit published Raplee v. United States of America, a civil case. John Raplee (“Raplee”) challenged the dismissal of his Federal Tort Claims Act (“FTCA”) complaint for being untimely. On appeal Raplee contended that by filing a timely state administrative claim, the action began pursuant to the FTCA’s […]

Tags: Equitable Tolling Federal Tort Claims Act FTCA Limitation Period

30Nov

Fourth Circuit Refuses to Challenge Arbitration Award

Categories: 4th Cir. Blog Civil Cases

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By Ali Fenno On November 22, 2016, the Fourth Circuit issued a published opinion in the civil case of UBS Financial Services, Inc. v. Padussis. In UBS Financial, the Fourth Circuit addressed whether an arbitration award of over $900,000 to Gary Padussis (“Padussis”) could be vacated or modified in light of Padussis’s insolvency and UBS […]

Tags: Arbitration Contracts Employment Law Federal Arbitration Act FINRA

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