22Mar

Fourth Circuit Reaffirms Contract Interpretation Principles in Collective Bargaining Agreement Between Retirees and Company

By M. Allie Clayton Today, in the civil case of Barton v. Constellium Rolled Products-Ravenswood, LLC., a published opinion, the Fourth Circuit affirmed the District Court in granting summary judgment for the company. The court stated that the governing collective bargaining agreement did not provide for vested retiree health benefits, and thus the former employer […]

Tags: Civil Litigation Collective Bargaining Agreements Contracts Employment Law Health Benefits Labor Law Retiree Benefits Summary Judgment

21Mar

Fourth Circuit Vacates Grant of Summary Judgment Based Solely on Estimate of Damages

Categories: 4th Cir. Blog Archive Civil Cases

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By Kelsey Hyde On March 17, 2017, the Fourth Circuit published an opinion in the civil matter of Sharma v. USA International, vacating the district court’s grant of summary judgment and remanding for further proceedings. In departing from the lower court’s ruling, the Court found the U.S. District Court for the Eastern District of Virginia […]

Tags: Civil Procedure Damages Financial Fourth Circuit Fraud Misrepresentation Summary Judgment Virginia

20Mar

Fourth Circuit Affirms Grant of Summary Judgment in Social Media Dispute

Categories: 4th Cir. Blog Archive Civil Cases

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By: Kristina Wilson On Monday, March 20, 2017, the Fourth Circuit issued a published opinion in the civil case Grutzmacher v. Howard County. The Fourth Circuit affirmed the District Court for the District of Maryland’s grant of summary judgment in favor of the defendant, holding that the defendant’s termination of plaintiffs did not violate the […]

Tags: Constitutional Law First Amendment Free Speech Retaliation social media Summary Judgment

17Mar

Fourth Circuit Determines “Loss Recovery Statute” Does Not Include Virtual Currency

Categories: 4th Cir. Blog Archive Civil Cases

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By Kelsey Mellan On March 17, 2017, the Fourth Circuit issued a published opinion in Mason v. Machine Zone, Inc. a civil appeal of the district court’s dismissal of a Loss Recovery Statute claim. Plaintiff Mia Mason filed a class action complaint against Machine Zone, Inc. (“Machine Zone”), the developer of a mobile game entitled […]

Tags: Civil Law Gambling Maryland statutory law Remedies

16Mar

Fourth Circuit Clarifies Definition of “Travel in Foreign Commerce” in Sex Offense Case

Categories: 4th Cir. Blog Archive Criminal Cases

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By Sophia Blair On January 4, 2017, the Fourth Circuit published a criminal case, United States v. Schmidt. Richard Schmidt (“Schmidt”) originally pled guilty to traveling in foreign commerce and engaging in illicit sexual conduct in violation of 18 U.S.C. § 2423(c). However, claiming ineffective counsel, Schmidt argued that he did not, as a matter of […]

Tags: 18 U.S.C. § 2423 criminal foreign commerce illicit sexual conduct statutory interpretation

16Mar

Fourth Circuit Considers Scope of FCA’s First-to-File Rule

Categories: 4th Cir. Blog Archive Civil Cases

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By Mickey Herman On Thursday, March 16, 2017, the Fourth Circuit issued a published opinion in United States ex rel. Carson v. Manor Care, Inc., a civil case. Plaintiff-appellant, Patrick Carson, on behalf of the United States, appealed the dismissal of his False Claims Act (“FCA” or “Act”) qui tam and retaliation claims as well […]

Tags: Civil False Claims Act FCA motion to dismiss Retaliation

16Mar

Fourth Circuit Affirms North Carolina Statute Constitutes a State Law Relating to the Sexual Exploitation of Children

Categories: 4th Cir. Blog Archive Criminal Cases

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By Katie Baiocchi On March 15, 2017, the Fourth Circuit issued a public opinion in the criminal case of United States v. Mills. In Mills, the Fourth Circuit addressed the question of whether the district court erred in concluding that taking indecent liberties with children constitutes a state crime relating to the sexual exploitation of […]

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15Mar

Fourth Circuit Affirms Consideration of Defendant’s Self-Incriminating Statements

Categories: 4th Cir. Blog Archive

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By Ali Fenno On March 13, 2017, the Fourth Circuit issued a published opinion in the criminal case of United States v. Lara. In Lara, the Fourth Circuit addressed whether the district court violated the psychotherapist-patient privilege and the Fifth Amendment privilege against self-incrimination when, during a sentencing hearing, it considered statements the defendant, Juan […]

Tags: Criminal Law Fifth Amendment Privilege Probation Sentencing Sex Offenses

13Mar

Fourth Circuit Holds the Virginia Crime of Common Law Robbery is Not a Violent Felony for Federal Sentencing Purposes

Categories: 4th Cir. Blog Archive Criminal Cases

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By John Van Swearingen On March 13, 2017, the Fourth Circuit issued a published opinion in the criminal case United States v. Winston. Robert Winston (“Appellant”), currently serving a 275-month sentence for a federal firearms charge from 2002, filed a motion for post-conviction relief under 28 U.S.C. § 2255 (2012) in the United States District […]

Tags: Armed Career Criminal Act Common Law Robbery Enhanced sentencing Federal Sentencing Felony force Fourth Circuit Physical Force Sentencing Sentencing Enhancement Violent Felony Violent Force Virginia

1Mar

Fourth Circuit Affirms Juror’s Ambiguous Statement Insufficient to Demonstrate Ineffective Assistance of Counsel

Categories: 4th Cir. Blog Archive Criminal Cases

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By M. Allie Clayton Today, in the criminal case of United States v. Powell, a published opinion, the Fourth Circuit affirmed the District Court in holding that a juror’s statement of “everything would be alright” and that the father needed to give his son “a good kick in the butt” was too ambiguous to establish […]

Tags: Criminal Law Ineffective Assistance Ineffective Assistance of Counsel Sixth Amendment

28Feb

Fourth Circuit Joins Other Circuit Decisions Regarding “Second-in-Time” Habeas Petitions

Categories: 4th Cir. Blog Archive

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By Kelsey Hyde Today, the Fourth Circuit issued a published opinion, In re William Robert Gray, Jr., deciding on a motion for authorization to file a second or successive application for a writ of habeas corpus. The movant (“Gray”) had sought the Court’s approval to file a second petition under 28 U.S.C. § 2254, as […]

Tags: AEDPA Antiterrorism and effective Death Penalty Act Criminal Law habeas corpus resentencing Sentencing successive petitions

27Feb

Fourth Circuit Affirms Conviction for Mine Health and Safety Violations

Categories: 4th Cir. Blog Archive Criminal Cases

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By: Kristina Wilson On Thursday, January 19, 2017, the Fourth Circuit issued a published opinion in the criminal case United States v. Blankenship. The Fourth Circuit affirmed the defendant’s conviction for federal mine safety laws and regulations and held that the District Court committed no reversible error. The defendant raises four arguments on appeal. Facts […]

Tags: criminal Criminal Law The Federal Mine Safety and Health Act of 1977

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