28Mar

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

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

15Mar

In Employer-Union Dispute, Fourth Circuit Affirms the Order of the National Labor Relations Board

Categories: 4th Cir. Blog Criminal Cases

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By George Kennedy On March 15, 2016, the Fourth Circuit issued its amended published opinion in the case of Pac Tell Group, Inc. v. National Labor Relations Board. The Fourth Circuit held that the decision of the National Labor Relations Board [“the NLRB”] over a dispute between an employer and the union representing its employees […]

Tags: Administrative Law

15Mar

No Abuse of Discretion in Relation to Heroin Distribution Conviction

Categories: 4th Cir. Blog Criminal Cases

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By Taylor Anderson On March 7, 2016, the Fourth Circuit issued its published opinion regarding the criminal case United States v. Alvarado. Jean Paul Alvarado (“Appellant”) appealed his conviction of knowingly and intentionally distributing heroin to Eric Thomas (“Thomas”) with Thomas’ death resulting from the use of the heroin so distributed, in violation of 21 […]

Tags: Hearsay Jury Instructions Plain Error

14Mar

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

Categories: 4th Cir. Blog Civil Cases

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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 Attorney Who Slept Through Substantial Portion of Defendant’s Trial Violated Sixth Amendment Right to Counsel

Categories: 4th Cir. Blog Criminal Cases

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By Sarah Walton On March 11, 2016, the Fourth Circuit issued a published opinion in the criminal case of United States v. Ragin. The Fourth Circuit vacated the district court’s decision, holding that Ragin was deprived of his Sixth Amendment right to counsel when his attorney slept for a substantial portion of his trial. The […]

Tags: 28 U.S.C. § 2255 Ineffective Assistance Sixth Amendment

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

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

In Employer-Union Dispute, Fourth Circuit Affirms the Order of the National Labor Relations Board

No Abuse of Discretion in Relation to Heroin Distribution Conviction

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

Fourth Circuit Holds that Attorney Who Slept Through Substantial Portion of Defendant’s Trial Violated Sixth Amendment Right to Counsel

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

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