14Mar

Fourth Circuit Holds Sale Orders in Chapter 11 Bankruptcy Cases are Final Judgments

By Sarah Saint In the March 11 civil case Providence Hall Associates Limited Partnership v. Wells Fargo Bank, the Fourth Circuit affirmed the district court’s decision to give res judicata effect to sale orders issued during Providence Hall Associates’ (“PHA”) Chapter 11 bankruptcy and thus dismiss PHA’s lawsuit against Wells Fargo Bank. Procedural History of […]

Tags: Bankruptcy Res judicata

13Mar

Fourth Circuit Holds That Arbitrators Have Opportunity to Resolve Liability and Damage Disputes Before Moving to Federal Court

Categories: 4th Cir. Blog Civil Cases

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By Daniel Stratton On March 8, 2016, the Fourth Circuit issued a published opinion in the civil case Peabody Holding Company, LLC v. United Mine Workers of America, vacating the district court’s decision. The Fourth Circuit held that under the complete arbitration rule, an arbitrator handling a labor dispute between Peabody Holding and United Mine Workers […]

Tags: Arbitration Civil Litigation Civil Procedure Labor Mining Summary Judgment

13Mar

North Carolina Free to Reject Specialty Plate Designs it Disagrees With

Categories: 4th Cir. Blog Civil Cases

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By Elizabeth DeFrance On March 10, 2016 the Fourth Circuit Court of Appeals issued a published opinion in the civil case, American Civil Liberties Union of North Carolina v. Tennyson. The ACLU of North Carolina and several vehicle owners filed suit against Nicholas J. Tennyson, in his official capacity as Secretary of the North Carolina […]

Tags: Civil Rights Constitutional Law First Amendment Free Speech

11Mar

Fourth Circuit Holds that Union’s Conduct did not Affect Plaintiffs Ability to Exhaust Contractual Remedies Under Collective Bargaining Agreement

Categories: 4th Cir. Blog Civil Cases

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By Whitney Pakalka On March 10, 2016, the Fourth Circuit issued its published opinion in the civil case, Groves v. Communication Workers of America. Plaintiffs, employees who were terminated by AT&T based on what were later discovered to be flawed reports, filed suit against AT&T and their union under Section 301 of the Labor Management […]

Tags: Labor Summary Judgment union

10Mar

Fourth Circuit Affirms District Court’s Judgments in Ponzi Scheme Case

Categories: 4th Cir. Blog Civil Cases

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By Anthony Biraglia In the civil case of Grayson v. Anderson, the Fourth Circuit affirmed two district court judgments arising out of litigation over a South Carolina-based Ponzi scheme. In a published opinion released on March 7, 2016, the Court first affirmed the district court’s judgment that it did not have personal jurisdiction over a […]

Tags: Civil Procedure

9Mar

Writ of Mandamus to Compel HHS to Adjudicate Administrative Appeal Denied

Categories: 4th Cir. Blog Civil Cases

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By Mikhail Petrov On March 7, 2016, in the published civil case of Cumberland County Hospital v. Burwell, the Fourth Circuit reviewed the decision of the district court to deny Cumberland County Hospital System’s (“the Hospital”) request for a writ of mandamus to compel the Secretary of the Department of Health and Human Service […]

Tags: Dismissal Health Care Health Law

8Mar

Fourth Circuit Affirms Denial of Rule 60(b) Motion in Death Penalty Case

Categories: 4th Cir. Blog Civil Cases

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By Kayleigh Butterfield On March 8, 2016, the Fourth Circuit issued its published opinion in the civil case Moses v. Joyner. Moses, a prisoner facing the death penalty, filed a motion under Federal Rule of Civil Procedure 60(b) for relief from the district court’s dismissal of his federal habeas petition. The Fourth Circuit affirmed the […]

Tags: Death Penalty FRCP habeas

8Mar

Fourth Circuit Upholds The “But-For” Causation Standard For ADA Claims

Categories: 4th Cir. Blog Civil Cases

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By Sarah Saint On March 4, 2016, the Fourth Circuit issued a publish opinion in Gentry v. East West Partners Club Management Company, Inc., a civil case in which Plaintiff Judith Gentry (“Gentry”) sued her former employer East West Partners Club Management Company, Inc. (“East West”) and manager Jay Manner (“Manner”) for wrongful termination in violation of the […]

Tags: ADA Discrimination Employment Law Evidence Jury Instruction Jury Instructions

5Mar

Fourth Circuit Mandates Strict Scrutiny for Maryland Gun Control Laws

Categories: 4th Cir. Blog Civil Cases

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By Blake Stafford On February 4, 2016, the Fourth Circuit issued its published opinion in Kolbe v. Hogan, a civil case challenging the constitutionality of Maryland’s Firearm Safety Act (“FSA”). The FSA criminalizes the possession, sale, and transport of certain semi-automatic guns and narrows the scope of detachable magazines that may be manufactured or sold. […]

Tags: Constitutional Law Second Amendment

5Mar

Fourth Circuit Affirms Misclassification of Investigator Position as Exempt from Overtime Pay

Categories: 4th Cir. Blog Civil Cases

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By Paige Topper On December 23, 2015, in the civil case of Calderon v. GEICO General Insurance Co., a published opinion, the Fourth Circuit affirmed a district court’s decision classifying the employee position of Investigator in an insurance company as non-exempt from the Fair Labor Standards Act’s (“FLSA”) provision regarding overtime pay. Administrative Exemption Under […]

Tags: Employment Law Remedies

2Mar

Fourth Circuit Denies Habeus Corpus for Capital Murder for Hire Conviction

Categories: 4th Cir. Blog Civil Cases

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By Malorie Letcavage On November 20, 2015 the Fourth Circuit released its published opinion in the civil case Ivan Teleguz v. David Zook. In this case, the court reviewed the district court’s ruling denying Ivan Teleguz’s petition for a writ of habeas corpus. The court rejected Teleguz’s gateway of innocence claims and ineffective assistance of counsel claims […]

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2Mar

Disease Claims Not Subject to Ten-Year Statute of Repose in North Carolina

Categories: 4th Cir. Blog Civil Cases

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By Eric Jones On March 2, 2016, the Fourth Circuit issued a published opinion in the civil case Stahle v. CTS Corporation. The District Court for the Western District of North Carolina had dismissed Kent Stahle’s complaint with prejudice, finding it was barred by the statute of repose in North Carolina General Statutes Section 1-52(16). […]

Tags: barred cancer chemical diseases limitations pollute pollution repose statute of limitations time-barred toll

Fourth Circuit Holds Sale Orders in Chapter 11 Bankruptcy Cases are Final Judgments

Fourth Circuit Holds That Arbitrators Have Opportunity to Resolve Liability and Damage Disputes Before Moving to Federal Court

North Carolina Free to Reject Specialty Plate Designs it Disagrees With

Fourth Circuit Holds that Union’s Conduct did not Affect Plaintiffs Ability to Exhaust Contractual Remedies Under Collective Bargaining Agreement

Fourth Circuit Affirms District Court’s Judgments in Ponzi Scheme Case

Writ of Mandamus to Compel HHS to Adjudicate Administrative Appeal Denied

Fourth Circuit Affirms Denial of Rule 60(b) Motion in Death Penalty Case

Fourth Circuit Upholds The “But-For” Causation Standard For ADA Claims

Fourth Circuit Mandates Strict Scrutiny for Maryland Gun Control Laws

Fourth Circuit Affirms Misclassification of Investigator Position as Exempt from Overtime Pay

Fourth Circuit Denies Habeus Corpus for Capital Murder for Hire Conviction

Disease Claims Not Subject to Ten-Year Statute of Repose in North Carolina

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