28Oct

Fourth Circuit Denies Petition for Review of an Order Denying Request for Asylum

By Mike Stephens In a civil case, Zhikeng Tang v. Loretta E. Lynch, decided today, October 28, 2016, the Fourth Circuit denied petition for review of an order from the Board of Immigration Appeals (“Board”) denying requests for asylum, withholding of removal, and protection under the United Nations Convention Against Torture and Other Cruel, Inhuman or […]

27Oct

Fourth Circuit Reverses for Admittance of Prior Arrest Evidence

Categories: 4th Cir. Blog Civil Cases

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By Sophia Blair On October 27th, 2016, the Fourth Circuit reversed and remanded a civil case, Makia Smith v. Baltimore City Police Dep’t, to the District of Maryland after determining that the district court improperly admitted evidence under Federal Rule of Evidence 404(b) and the admittance resulted in reversible error. Summary of the Facts and […]

Tags: 42 U.S.C. § 1983 Battery Evidence FRE 404(b) harmless error Police unlawful arrest

10Oct

Fourth Circuit Explains the Collateral Source Rule Pertains to Medicaid

Categories: 4th Cir. Blog Civil Cases

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By Kelsey Mellan On October 7, 2016, the Fourth Circuit issued a published opinion in Simms v. United States, a civil case involving the application of the collateral source rule to damages awarded to Misty Simms (“Simms”), a mother who brought this wrongful birth action against the United States under the Federal Tort Claims Act […]

Tags: collateral source rule Medicaid tort law

7Oct

Fourth Circuit Clarifies Definition of “Debt Collectors,” Affirms Dismissal of Truth in Lending Act Claims

Categories: 4th Cir. Blog Civil Cases

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By Mike Stephens This afternoon, October 7, 2016, the Fourth Circuit issued a published opinion in the civil case McCray v. Federal Home Loan Mortgage Corp. The Fourth Circuit affirmed the district court’s decision to dismiss the Plaintiff’s Truth in Lending Act (“TILA”) claims regarding notice. However, the Fourth Circuit reversed and remanded the district court’s decision that […]

Tags: Civil Litigation Debt Collection Dismissal Fair Debt Collection Practices Act Summary Judgment Truth in Lending Act

14Apr

Fourth Circuit Affirms Insurance Company’s Denial of Coverage

Categories: 4th Cir. Blog Civil Cases

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By Blake Stafford On April 14, 2016, the Fourth Circuit issued a published opinion in St. Paul Mercury Insurance Co. v. American Bank Holdings, Inc., a civil case concerning the denial of insurance coverage based on untimely notice to the insurer by the insured of the underlying claim. American Bank Holdings, Inc. (“American Bank”) was […]

Tags: Insurance

8Apr

Fourth Circuit Applies Davis Deliberate Indifference Standard to § 504 Student-on-Student Harassment Claims

Categories: 4th Cir. Blog Civil Cases

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By Sarah Saint On April 8, 2016, the Fourth Circuit released its published opinion in the civil case of S.B. v. Board of Education of Harford. S.B., a student with disabilities who attend Aberdeen High School in Harford County, Maryland, by and through his mother, A.L., sued the Harford County Board of Education (the “Board”), […]

Tags: 504 ADA Americans with Disabilities Act Disability Discrimination Education Education law Summary Judgment

31Mar

Fourth Circuit Affirms No Qualified Immunity in Excessive Force Case

Categories: Civil Cases

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By Blake Stafford On March 31, 2016, the Fourth Circuit issued its published opinion in Yates v. Terry, a civil case concerning a police officer’s qualified immunity defense against a claim of excessive force. After being tased three times during a nonviolent traffic stop, Brian Yates (“Yates”) filed an action against the arresting officer, Christopher […]

Tags: § 1983 Excessive Force Interlocutory Appeal

28Mar

Parties Fail to Construct Arbitration Agreement Properly, Fourth Circuit Steps In

Categories: 4th Cir. Blog Civil Cases

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By Taylor Anderson On March 28, 2016, the Fourth Circuit issued its published opinion regarding the civil case Del Webb Communities, Inc. v. Carlson. Appellant PulteGroup, Inc. and its subsidiary Del Webb Communities, Inc. (together, “Pulte”) appealed the district court’s denial of its partial summary judgment motion and dismissal of its Petition compelling bilateral arbitration. […]

Tags: Arbitration Procedure

23Mar

Fourth Circuit Affirms District Court’s Holding that Auto Loan Creditor Did Not Qualify as a Debt Collector Under the Fair Debt Collection Practices Act

Categories: 4th Cir. Blog Civil Cases

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by Sarah Walton Today, the Fourth Circuit issued a published opinion in the civil case of Henson v. Santander Consumer USA. The Fourth Circuit affirmed the district court’s holding that Santander was not considered a “debt collector” within the meaning of Fair Debt Collection Practices Act (“FDCPA”). Origins of the Dispute Plaintiff Rick Henson and […]

Tags: Fair Debt Collection Practices Act Loan

21Mar

Fourth Circuit Reverses Lower Court’s Sua Sponte Consideration of Diversity Jurisdiction

Categories: 4th Cir. Blog Civil Cases

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By Daniel Stratton Today, March 21, 2016, the Fourth Circuit issued a published opinion in the civil case Jane Doe #1 v. Matt Blair, vacating the district court’s decision. The Fourth Circuit held that the lower court incorrectly determined that there was no federal diversity jurisdiction because the defendant corporation failed to allege its principal […]

Tags: amount in controversy Civil Litigation Civil Procedure Jurisdiction Subject Matter Jurisdiction Supreme Court

17Mar

Fourth Circuit Remands Prisoner’s Civil Rights Case for Further Discovery

Categories: 4th Cir. Blog Civil Cases

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By Blake Stafford On March 17, 2016, the Fourth Circuit issued its published opinion in Raynor v. Pugh, a civil case regarding prisoner civil rights. James Herman Raynor, an inmate at a Virginia correctional facility, brought an action under 42 U.S.C. § 1983 alleging that G. Pugh, the Prison Housing Manager at the facility, violated the Eighth […]

Tags: § 1983 Civil Rights Prisoner

16Mar

Petition for Writ of Habeas Corpus for “Sexually Dangerous Person” Remanded to District Court

Categories: 4th Cir. Blog Civil Cases

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By Eric Jones On March 16, 2016, the Fourth Circuit issued a published opinion in the civil case Matherly v. Andrews. Thomas Shane Matherly was appealing the district court’s order granting summary judgment for the government on his petition for a writ of habeas corpus. The Circuit held that a genuine question of fact remained […]

Tags: child habeas corpus molest molestation offender offense porn pornography sex

Fourth Circuit Denies Petition for Review of an Order Denying Request for Asylum

Fourth Circuit Reverses for Admittance of Prior Arrest Evidence

Fourth Circuit Explains the Collateral Source Rule Pertains to Medicaid

Fourth Circuit Clarifies Definition of “Debt Collectors,” Affirms Dismissal of Truth in Lending Act Claims

Fourth Circuit Affirms Insurance Company’s Denial of Coverage

Fourth Circuit Applies Davis Deliberate Indifference Standard to § 504 Student-on-Student Harassment Claims

Fourth Circuit Affirms No Qualified Immunity in Excessive Force Case

Parties Fail to Construct Arbitration Agreement Properly, Fourth Circuit Steps In

Fourth Circuit Affirms District Court’s Holding that Auto Loan Creditor Did Not Qualify as a Debt Collector Under the Fair Debt Collection Practices Act

Fourth Circuit Reverses Lower Court’s Sua Sponte Consideration of Diversity Jurisdiction

Fourth Circuit Remands Prisoner’s Civil Rights Case for Further Discovery

Petition for Writ of Habeas Corpus for “Sexually Dangerous Person” Remanded to District Court

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