29Feb

Fourth Circuit Upholds Class Action Settlement

By Amanda Whorton On December 4, 2015, the Fourth Circuit issued a published opinion in the civil case Berry v. LexisNexis Risk and Information Analytics Group. The court affirmed the district court’s approval of the Federal Rules of Civil Procedure (“FRCP”) 23(b)(2) settlement and found that the release of the statutory damages claims as part of […]

Tags: Consumer Protection

25Feb

Fourth Circuit Holds that Federal Motor Carrier Safety Administration’s Discretionary Decisions and Regulations Cannot Subject the Government to Suit Under the Federal Tort Claims Act

Categories: 4th Cir. Blog Civil Cases

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By Whitney Pakalka On February 25, 2016, in the civil case of Pornomo v. United States, the Fourth Circuit issued a published opinion affirming the district court’s dismissal of a wrongful death action filed under the Federal Tort Claims Act (FTCA) against the United States. The plaintiff, Jonatan Pornomo, alleged that the Federal Motor Carrier […]

Tags: Federal Regulation Federal Tort Claims Act Subject Matter Jurisdiction

25Feb

Public-Disclosure Bar Did Not Apply to Qui Tam Action Under the False Claims Act

Categories: 4th Cir. Blog Civil Cases

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By Elizabeth DeFrance On February 25, 2016 the Fourth Circuit Court of Appeals issued a publish opinion in the civil case, U.S. ex rel. Beauchamp v. Academi Training Center, LLC.. Plaintiffs Lyle Beauchamps and Warren Shepard (“Relators”) filed a qui tam action under the False Claims Act against Academi Training Center, LLC. (“Adademi”) and XE […]

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24Feb

Fourth Circuit Affirms Holding on Tax Misclassification

Categories: 4th Cir. Blog Civil Cases

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By Sarah Walton On January 8, 2016, the Fourth Circuit issued a published opinion in the case of Route 231, LLC v. Commissioner of Internal Revenue. The Fourth Circuit affirmed the tax court’s holding that Route 231 should have classified a portion of its capital contributions as gross income. The IRS Concludes that Route 231 […]

Tags: tax law

24Feb

Insurer Triumphant in a Case of a Clear and Unambiguous Insurance Policy

Categories: 4th Cir. Blog Civil Cases

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By: Mikhail Petrov On February 19, 2016, in a published civil case of W.C. & A.N. Miller Dev. Co. v. Continental Casualty Co., the Fourth Circuit amended its decision from December 30, 2015, and affirmed the decision of the district court to deny W.C. & A.N. Miller Development Company (“Miller”) insurance coverage from its insurer, […]

Tags: contract law Insurance

23Feb

Fourth Circuit Holds Federal Election Campaign Act Case Moot and Meritless

Categories: 4th Cir. Blog Civil Cases

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By Kayleigh Butterfield On February 23, 2016, the Fourth Circuit issued its published opinion in the civil case Stop R.E.I.D. v. Federal Election Commission. In this case four conservative political committees (collectively, “Plaintiffs”) appealed the district court’s grant of summary judgment for the defendant, the Federal Election Commission (“FEC”). The Fourth Circuit affirmed in part […]

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22Feb

Fourth Circuit Denies Application for Deferral of Removal Under Convention Against Torture

Categories: 4th Cir. Blog Civil Cases

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By Anthony Biraglia In the civil case of Oxygene v. Lynch, the Fourth Circuit denied in part and dismissed in part a petition for review of orders denying Wilerms Oxygene’s (“Oxygene”) application for deferral of removal under the Convention Against Torture (“CAT’) and a subsequent motion to reopen his removal proceedings. In a published opinion […]

Tags: Administrative Law Convention Against Torture Immigration

19Feb

Court Dismisses Perdue’s Claim for Lack of Jurisdiction

Categories: 4th Cir. Blog Civil Cases

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By Cate Berenato On February 19, 2016, in the published civil case Perdue Foods v. BRF, the Fourth Circuit affirmed the United States District Court for the District of Maryland’s dismissal of Perdue’s breach of contract claim because of a lack of personal jurisdiction of BRF. The court stated that Perdue had not alleged sufficient […]

Tags: Civil Procedure

17Feb

Fourth Circuit Holds District Court Interference and Interruptions Were Not Prejudicial

Categories: 4th Cir. Blog Civil Cases

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By Eric Jones On January 7, 2016, the Fourth Circuit issued a published opinion in the criminal case United States v. Martinovich. At trial, Jeffrey A. Martinovich (“Martinovich”) was convicted of one count of conspiracy to commit mail and wire fraud, four counts of wire fraud, five counts of mail fraud, and seven counts of […]

Tags: banking defraud disrupt Fraud interfere interrupt Investment mislead prejudice sentence Wall Street

16Feb

Fourth Circuit Vacates Order from Board of Immigration Appeals, Citing States’ Rights Concerns

Categories: 4th Cir. Blog Civil Cases

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By George Kennedy On February 16, 2016, the Fourth Circuit issued its published opinion in the agency review case Adebowale Oloyde Ojo v. Loretta Lynch. In its order, the Fourth Circuit vacated the order of the Board of Immigration Appeals (“BIA”) denying a motion to reopen the removal proceedings of Adebowale Oloyde Ojo, a […]

Tags: Administrative Law Immigration

15Feb

Fourth Circuit Denies Petition for Review of an FCC Order

Categories: 4th Cir. Blog Civil Cases

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By Amanda Whorton On December 18, 2015, the Fourth Circuit issued a published opinion in the civil case Montgomery County v. FCC. The court denied Montgomery County, Maryland’s (“County”) petition for review of the Federal Communications Commission’s (“FCC”) October 17, 2014 Order (“Order”). The Spectrum Act Congress passed the Spectrum Act as part of the Middle […]

Tags: Administrative Law

15Feb

Qualified Immunity Defense Shocks Plaintiff Who Alleges Use of Excessive Force

Categories: 4th Cir. Blog Civil Cases

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By Taylor Anderson On January 11, 2016, the Fourth Circuit issued its published opinion regarding the civil case Estate of Ronald Armstrong v. Village of Pinehurst. The estate of Ronald H. Armstrong (“Appellant”), appealed the district court’s order granting summary judgment to various appellees, including the Village of Pinehurst, North Carolina (“Pinehurst”), Lieutenant Jerry McDonald […]

Tags: Excessive Force Police Qualified Immunity

Fourth Circuit Upholds Class Action Settlement

Fourth Circuit Holds that Federal Motor Carrier Safety Administration’s Discretionary Decisions and Regulations Cannot Subject the Government to Suit Under the Federal Tort Claims Act

Public-Disclosure Bar Did Not Apply to Qui Tam Action Under the False Claims Act

Fourth Circuit Affirms Holding on Tax Misclassification

Insurer Triumphant in a Case of a Clear and Unambiguous Insurance Policy

Fourth Circuit Holds Federal Election Campaign Act Case Moot and Meritless

Fourth Circuit Denies Application for Deferral of Removal Under Convention Against Torture

Court Dismisses Perdue’s Claim for Lack of Jurisdiction

Fourth Circuit Holds District Court Interference and Interruptions Were Not Prejudicial

Fourth Circuit Vacates Order from Board of Immigration Appeals, Citing States’ Rights Concerns

Fourth Circuit Denies Petition for Review of an FCC Order

Qualified Immunity Defense Shocks Plaintiff Who Alleges Use of Excessive Force

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