30Jan

Fourth Circuit Affirms Career Offender Status and Controlled Substance Offense Convictions

By: Kristina Wilson On Monday, January 30, 2017, the Fourth Circuit issued a published opinion in the criminal case United States v. Dozier. The Fourth Circuit affirmed the Southern District Court of West Virginia’s designation of the defendant as a career offender and also held that the defendant’s prior state conviction under West Virginia law […]

28Jan

Fourth Circuit Reiterates Two-Step Framework for Determining Joint Employment Under the FLSA

Categories: 4th Cir. Blog Civil Cases

Comments Off

By Katie Baiocchi On January 25, 2017, the Fourth Circuit published Marlon Hall v. DIRECTV, LLC, a civil case. Plaintiffs Marlon Hall, John Wood, Alix Pierre, Kashi Walker and John Albrecht (“Plaintiffs”) appealed the order granting defendants’ DIRECTV, LLC, DIRECTSAT USA, LLC and DIRECTV, INC. (“Defendants”) motion to dismiss under Federal Rules of Civil Procedure […]

Tags: Civil Law Civil Procedure FLSA

28Jan

ERISA Preempts Employee Life Insurance Claim

Categories: 4th Cir. Blog Civil Cases

Comments Off

By Sophia Blair On January 27, 2016, the Fourth Circuit issued a published opinion in the civil case, Prince v. Sears Holdings Corp., affirming the district court’s dismissal of a life insurance claim for preemption reasons. Plaintiff Billy E. Prince (“Prince”) brought suit against his employer, Sears Holding Corp. (“Sears”), claiming that Sears improperly administered his […]

Tags: benefits Employee Employment Retirement Income Security Act ERISA life insurance preemption

26Jan

Fourth Circuit Upholds Removal Order and Sentencing Determination

Categories: 4th Cir. Blog Criminal Cases

Comments Off

By Kelsey Mellan On January 26, 2017, the Fourth Circuit issued a published opinion in United States v. Moreno-Tapia, a constitutional appeal of an immigration removal and sentencing order. Juan Moreno-Tapia (“Moreno-Tapia”) argued he was unconstitutionally deported in 2009 and thus his conviction for illegal reentry into the United States in 2014 was also unconstitutional. […]

Tags: Constitutional Law Immigration Sentencing Guidelines

26Jan

Fourth Circuit Affirms Verdict for Plaintiffs in Products Liability Action

Categories: 4th Cir. Blog Civil Cases

Comments Off

By Mickey Herman On Thursday, January 17, 2017, the Fourth Circuit issued a published opinion in the civil case Huskey v. Ethicon, Inc. The defendant-appellants, Ethicon, Inc. and Johnson & Johnson (collectively “Ethicon”), appealed the district court’s denial of their post-trial renewed motion for judgment as a matter of law (“JMOL”) or, alternatively, for a new trial. […]

Tags: Product Liability Restatement (Second) of Torts Tort

25Jan

Fourth Circuit Outlines “Moral Turpitude” Test for Deportation Cases

Categories: 4th Cir. Blog Criminal Cases

Comments Off

By Ali Fenno On January 24, 2017, the Fourth Circuit issued a published opinion in the criminal case Sotnikau v. Lynch. In Sotnikau, the Fourth Circuit addressed whether involuntary manslaughter in Virginia constitutes a crime of moral turpitude that justifies a U.S. permanent resident’s removal pursuant to 8 U.S.C. § 1227(a)(2)(A)(i)(I). After examining the scope […]

Tags: Administrative Law Immigration

23Jan

Fourth Circuit Affirms Denial of Motion to Suppress by Clarifying the Terry Doctrine

Categories: 4th Cir. Blog Criminal Cases

Comments Off

By John Van Swearingen On Monday, January 23, 2017 the Fourth Circuit issued a published opinion following a rehearing en banc in the criminal case United States v. Robinson. The defendant Robinson appealed his conviction under 18 U.S.C. § 922(g)(1), which prohibits the possession of a firearm by a felon. The Fourth Circuit Court of Appeals […]

Tags: Concealed Carry criminal Firearms Fourth Amendment Fourth Circuit Frisk Guns Terry search Traffic Stop Weapons

1Dec

Fourth Circuit Affirms Dismissal of FTCA Claim For Untimely Filing

Categories: 4th Cir. Blog Civil Cases

Comments Off

By Sophia Blair On November 22, 2016, the Fourth Circuit published Raplee v. United States of America, a civil case. John Raplee (“Raplee”) challenged the dismissal of his Federal Tort Claims Act (“FTCA”) complaint for being untimely. On appeal Raplee contended that by filing a timely state administrative claim, the action began pursuant to the FTCA’s […]

Tags: Equitable Tolling Federal Tort Claims Act FTCA Limitation Period

30Nov

Fourth Circuit Refuses to Challenge Arbitration Award

Categories: 4th Cir. Blog Civil Cases

Comments Off

By Ali Fenno On November 22, 2016, the Fourth Circuit issued a published opinion in the civil case of UBS Financial Services, Inc. v. Padussis. In UBS Financial, the Fourth Circuit addressed whether an arbitration award of over $900,000 to Gary Padussis (“Padussis”) could be vacated or modified in light of Padussis’s insolvency and UBS […]

Tags: Arbitration Contracts Employment Law Federal Arbitration Act FINRA

26Nov

Fourth Circuit Vacates Dismissal of Declaratory Judgment for Lack of Subject Matter Jurisdiction

Categories: 4th Cir. Blog Civil Cases

Comments Off

By Mike Stephens On Monday, November 21, 2016, the Fourth Circuit issued a published opinion in Pressl v. Appalachian Power Company, a civil case. The appellants, Theresa and Richard Pressl appealed the district court’s dismissal of their suit for declaratory judgment that the appellee, Appalachian Power Company (“APCO”), violated a property easement on the Pressls’ property. After filing suit […]

Tags: 16 U.S.C. § 825p Arises Under Declaratory Judgment Federal Question Jurisdiction Subject Matter Jurisdiction

23Nov

Fourth Circuit Affirms Denial of Habeas Corpus Claim Arising from Denial of Plea Bargain

Categories: 4th Cir. Blog Civil Cases

Comments Off

By John Van Swearingen On Wednesday, November 23, 2016, the Fourth Circuit issued a published opinion in the civil case Rodriguez v. Bush. This matter was a habeas corpus petition brought by an offender sentenced to forty-five years in prison for drug trafficking. The United States District Court for the District of South Carolina denied Rodriguez’s […]

Tags: Civil Rights Constitutional Law Due Process Fourth Circuit habeas corpus Ineffective Assistance of Counsel plea bargain Sentencing

21Nov

Fourth Circuit Affirms Grant of Habeas Relief Based on Racially Prejudiced Comments

Categories: 4th Cir. Blog Criminal Cases

Comments Off

By Kelsey Mellan On November 21, 2016, the Fourth Circuit issued a published opinion in Bennett v. Stirling, a prisoner death penalty appeal involving a prosecutor’s racially charged remarks throughout a sentencing hearing. Petitioner Johnny Bennett (“Bennett”) challenged the imposition of a capital sentence in South Carolina courts. While the Fourth Circuit recognized that courts typically […]

Tags: death sentence due process rights habeas corpus

Fourth Circuit Affirms Career Offender Status and Controlled Substance Offense Convictions

Fourth Circuit Reiterates Two-Step Framework for Determining Joint Employment Under the FLSA

ERISA Preempts Employee Life Insurance Claim

Fourth Circuit Upholds Removal Order and Sentencing Determination

Fourth Circuit Affirms Verdict for Plaintiffs in Products Liability Action

Fourth Circuit Outlines “Moral Turpitude” Test for Deportation Cases

Fourth Circuit Affirms Denial of Motion to Suppress by Clarifying the Terry Doctrine

Fourth Circuit Affirms Dismissal of FTCA Claim For Untimely Filing

Fourth Circuit Refuses to Challenge Arbitration Award

Fourth Circuit Vacates Dismissal of Declaratory Judgment for Lack of Subject Matter Jurisdiction

Fourth Circuit Affirms Denial of Habeas Corpus Claim Arising from Denial of Plea Bargain

Fourth Circuit Affirms Grant of Habeas Relief Based on Racially Prejudiced Comments

Post Topics

Social