26Nov

Fourth Circuit Vacates Dismissal of Declaratory Judgment for Lack of Subject Matter Jurisdiction

By Mike Stephens On Monday, November 21, 2016, the Fourth Circuit issued a published opinion in Pressl v. Appalachian Power Company, a civil case. The appellants, Theresa and Richard Pressl appealed the district court’s dismissal of their suit for declaratory judgment that the appellee, Appalachian Power Company (“APCO”), violated a property easement on the Pressls’ property. After filing suit […]

Tags: 16 U.S.C. § 825p Arises Under Declaratory Judgment Federal Question Jurisdiction Subject Matter Jurisdiction

23Nov

Fourth Circuit Affirms Denial of Habeas Corpus Claim Arising from Denial of Plea Bargain

Categories: 4th Cir. Blog Civil Cases

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By John Van Swearingen On Wednesday, November 23, 2016, the Fourth Circuit issued a published opinion in the civil case Rodriguez v. Bush. This matter was a habeas corpus petition brought by an offender sentenced to forty-five years in prison for drug trafficking. The United States District Court for the District of South Carolina denied Rodriguez’s […]

Tags: Civil Rights Constitutional Law Due Process Fourth Circuit habeas corpus Ineffective Assistance of Counsel plea bargain Sentencing

18Nov

Fourth Circuit Affirms Coal Company’s Liability in Employment Benefits Case

Categories: 4th Cir. Blog Civil Cases

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By: Kristina Wilson On Friday, November 18, 2016, the Fourth Circuit issued a published opinion in the civil case RB&F Coal, Inc. v. Mullins. The Fourth Circuit affirmed the U.S. Department of Labor’s Benefits Review Board’s finding that a coal miner, Turl Mullins, and his wife, Deloris Mullins, were entitled to employment and survivors’ benefits under […]

Tags: Civil Civil Litigation coal mining Worker's Compensation

16Nov

The Fourth Circuit Remands Qui Tam Proceedings Based on Possible Fraud Leading to Successor Corporate Liability

Categories: 4th Cir. Blog Civil Cases

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By M. Allie Clayton On November 15, 2016, the Fourth Circuit released a published opinion in the civil case of United States v. Government Logistics N. V., and held that, while the substantial continuity test for successor corporate liability did not apply, the factual allegations regarding the fraudulent transaction test could not be resolved in […]

Tags: Civil Litigation Conspiracy Corporate False Claims Act Fraud Qui Tam Successor Corporate Liability

14Nov

Fourth Circuit Denies Review of Administrative Order & Civil Penalties Following a Fatal Coal Mine Accident

Categories: 4th Cir. Blog Civil Cases

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Fourth Circuit Denies Review of Administrative Order & Civil Penalties Following a Fatal Coal Mine Accident By Kelsey Hyde On November 10, 2016, the Fourth Circuit published an opinion in the case of Consol Buchanan Mining Company v. Secretary of Labor. The Fourth Circuit denied Consol’s petition for review of an order by the Federal Mine […]

Tags: Administrative Law ALJ coal mining Federal Mine Safety & Health Administration Federal Regulation Liability Mining Negligence Secretary of Labor The Federal Mine Safety and Health Review Commission

9Nov

Fourth Circuit Rules Virginia’s Geriatric Release Program Violates Eighth Amendment Rights of Juveniles Serving Life Sentences for Non-Homicide Offenses

Categories: Civil Cases

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By John Van Swearingen On Wednesday, November 9, 2016, the Fourth Circuit issued a published opinion in the civil case LeBlanc v. Mathena. This matter was a habeas corpus petition brought by a juvenile offender sentenced to life without parole for a non-homicide offense. The District Court of the Eastern District of Virginia had previously concluded […]

Tags: Civil Constitutional Law Eighth Amendment habeas corpus Juvenile Life Sentence Parole petition Release Sentencing Virginia

9Nov

Fourth Circuit Affirms Dismissal of Pro Se Plaintiff’s Case

Categories: 4th Cir. Blog Civil Cases

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By Ali Fenno On November 8, 2016, the Fourth Circuit issued a published opinion in the civil case of Thomas v. Salvation Army. In Thomas, the Fourth Circuit addressed whether the Western District of North Carolina properly dismissed Sharon Thomas’s (“Thomas”) various claims against three charitable organizations that allegedly refused to admit her to homeless […]

Tags: Civil Procedure Civil Rights Discrimination

7Nov

Fourth Circuit Deems Deprivation of Prisoner’s Medical Care Unconstitutional

Categories: 4th Cir. Blog Civil Cases

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By Kelsey Mellan On November 4, 2016, the Fourth Circuit issued a published opinion in Scinto v. Stansberry, a civil case involving a prisoner who was allegedly denied medical attention while in a North Carolina prison (“Prison”). Plaintiff Paul Scinto, Sr. suffers from diabetes and claims that while he was incarcerated, he was denied medical […]

Tags: Constitutional Law Eighth Amendment medical care Prisoner

4Nov

Fourth Circuit Affirms Denial of Protective Order in Debt Collection Judgment Case

Categories: 4th Cir. Blog Civil Cases

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By: Kristina Wilson Earlier today, November 4, 2016, the Fourth Circuit issued a published opinion in the civil case Wells Fargo Equipment Finance v. Asterbadi. The Fourth Circuit affirmed the District Court’s decision in favor of Wells Fargo. On appeal, the parties disputed whether the statute of limitations on a debt collection judgment against Asterbadi had […]

Tags: Civil Litigation debt Debt Collection

1Nov

Government Contractor Defense Now Available in Failure to Warn Cases

Categories: 4th Cir. Blog Civil Cases

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By M. Allie Clayton On November 1, 2016, in the civil case of Ripley v. Foster Wheeler, LLC, a published opinion, the Fourth Circuit established that the government contractor defense is available in failure to warn cases. The Fourth Circuit reversed and remanded to the Eastern District of Virginia to determine if the government contractor […]

Tags: Civil Procedure Negligence Subject Matter Jurisdiction Tort

31Oct

Fourth Circuit Upholds the Importance of the Family and Medical Leave Act (FMLA) by Affirming Dismissal of Fraudulent Claims

Categories: 4th Cir. Blog Civil Cases

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By Kelsey Hyde On October 31, 2016, in the civil case of Masoud Sharif v. United Airlines, Inc., the Fourth Circuit affirmed the decision of the District Court for the Eastern District of Virginia dismissing plaintiff’s claims of unlawful retaliation by his employer. Because plaintiff failed to sufficiently rebut the defendant employer’s reasoning and factual support […]

Tags: Employment Law Family and Medical Leave Act FMLA Health Law Summary Judgment

30Oct

Fourth Circuit Clarifies “Political Question Doctrine”

Categories: 4th Cir. Blog Civil Cases

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By Kelsey Mellan On October 21, 2016, the Fourth Circuit issued a published opinion in Al Shimari v. CACI Premier Tech., Inc., a civil case involving four Iraqi nationals who were allegedly abused while detained at Abu Gharib prison, located near Baghdad, Iraq, in 2003 and 2004. While the plaintiffs in this action were held […]

Tags: Jurisdiction Military political question jurisdiction private contractors

Fourth Circuit Vacates Dismissal of Declaratory Judgment for Lack of Subject Matter Jurisdiction

Fourth Circuit Affirms Denial of Habeas Corpus Claim Arising from Denial of Plea Bargain

Fourth Circuit Affirms Coal Company’s Liability in Employment Benefits Case

The Fourth Circuit Remands Qui Tam Proceedings Based on Possible Fraud Leading to Successor Corporate Liability

Fourth Circuit Denies Review of Administrative Order & Civil Penalties Following a Fatal Coal Mine Accident

Fourth Circuit Rules Virginia’s Geriatric Release Program Violates Eighth Amendment Rights of Juveniles Serving Life Sentences for Non-Homicide Offenses

Fourth Circuit Affirms Dismissal of Pro Se Plaintiff’s Case

Fourth Circuit Deems Deprivation of Prisoner’s Medical Care Unconstitutional

Fourth Circuit Affirms Denial of Protective Order in Debt Collection Judgment Case

Government Contractor Defense Now Available in Failure to Warn Cases

Fourth Circuit Upholds the Importance of the Family and Medical Leave Act (FMLA) by Affirming Dismissal of Fraudulent Claims

Fourth Circuit Clarifies “Political Question Doctrine”

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