22Jan

Fourth Circuit Denies Petition for Review of Immigration Removal Proceedings

Categories: 4th Cir. Blog

By Paige Topper On December 2, 2015, in the civil case of Diop v. Lynch, a published opinion, the Fourth Circuit denied a petition for review of an Order of the Board of Immigration Appeals because the Immigration Judge appropriately found petitioner, Madiagne Diop, mentally competent to proceed with the removal process. Diop’s Illegal Immigration […]

Tags: Immigration

21Jan

Fourth Circuit Denies Review of Mine Safety Commission Decision

Categories: 4th Cir. Blog

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By Blake Stafford On January 21, 2016, the Fourth Circuit issued its published opinion in Knox Creek Coal Corp. v. Secretary of Labor, denying Knox Creek Coal Corporation’s (“Knox Creek”) petition for review of a decision of the Federal Mine Safety and Health Review Commission (“Commission”). The Commission’s decision found that four uncontested violations of […]

Tags: Agency The Federal Mine Safety and Health Act of 1977

21Jan

Fourth Circuit Upholds Refunds and Attorneys Fees Against Water Utility

Categories: 4th Cir. Blog

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By Malorie Letcavage On December 1, 2015, the Fourth Circuit issued its published opinion in the case of Tommy Davis Construction, Inc. v. Cape Fear Public Utility Authority. The defendant, Cape Fear Public Utility, appealed the district court’s findings and award of attorneys fees in favor of plaintiff, Tommy Davis Construction. Defendant raised four issues on […]

Tags: Business Law Civil Litigation Civil Procedure

20Jan

Banker and Girlfriend Convictions Affirmed in Murder-For-Hire Targetting Estranged Wife

Categories: 4th Cir. Blog

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By Eric Jones On January 20, 2016, the Fourth Circuit issued a published opinion in the criminal case United States v. Moore. Wendy Annette Moore and Christopher Austin Latham appealed their convictions for participating in a murder-for-hire plot, the target of which was Latham’s estranged wife. Moore and Latham argued on appeal that the district […]

Tags: against interest character constructive amendment Evidence Hearsay hire hired hitman hitmen indictment Interstate Commerce kill killer murder murder-for-hire

19Jan

Drug Conviction Renders Petitioner Ineligible for Relief Under the INA or CAT Despite Fleeing Gang Violence in Central America

Categories: 4th Cir. Blog Uncategorized

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By Elizabeth DeFrance On December 4, 2015, the Fourth Circuit issued a published opinion in the case, Hernandez-Nolasco v. Lynch, in which the petitioner sought review of orders of the Board of Immigration Appeals (BIA). Being Kidnapped And Threatened By A Gang After His Brother and Father Were Killed Failed to Meet The Burden of Proving […]

Tags: Criminal Law Immigration

19Jan

Fourth Circuit Reverses Board of Immigration Appeals on “Nexus” Requirement

Categories: 4th Cir. Blog

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By Eric Benedict On November 25, 2015, the Fourth Circuit issued its published opinion in the immigration case Oliva v. Lynch. The appeal was taken from the Board of Immigration Appeals (“BIA”) after a one-person panel affirmed the Immigration Judge’s (“IJ”) decision to deny Oliva’s application for asylum and withholding of removal under the Immigration […]

Tags: asylum Immigration Immigration and Nationality Act

18Jan

Fourth Circuit Discusses Unconscionability of a Mortgage Loan

Categories: 4th Cir. Blog

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By Amanda Whorton On January 15, 2016, the Fourth Circuit issued a published opinion in the civil case McFarland v. Wells Fargo Bank. The court agreed with the district court that, under West Virginia law, the amount of a mortgage loan alone cannot show substantive unconscionability. However, the court disagreed with the district court in that […]

Tags: Consumer Protection

18Jan

Products Liability Case Presents a Plethora of Issues on Appeal, Fourth Circuit Affirms All

Categories: 4th Cir. Blog

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By Taylor Anderson On January 14, 2016, the Fourth Circuit issued its published opinion regarding the civil case Cisson v. C.R. Bard, Inc. The appellant, transvaginal mesh proprietor C.R. Bard, Incorporated (“Bard”), raised four issues on appeal. In addition, the appellee, Donna Cisson (“Cisson”) cross-appealed the district court’s finding regarding punitive damages. The Fourth Circuit […]

Tags: Liability product Products Liability Punitive Damages Rule 403

20Nov

“Crime of domestic violence” does not require underlying domestic violence offense

Categories: 4th Cir. Blog

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By Sarah M. Saint Today, in the published civil case of Hernandez-Zavala v. Lynch, the Fourth Circuit denied Hernan Hernandez-Zavala’s petition for review of the Board of Immigration Appeal’s (“BIA’s”) order affirming the Immigration Judge’s (“IJ’s”) pretermission of Hernandez-Zavala’s application for cancellation of removal. The BIA found Hernandez-Zavala had committed a crime of domestic violence […]

Tags: Immigration

20Nov

Fourth Circuit Finds that Accrued Rent is not Available After the Landlord Terminates the Lease

Categories: 4th Cir. Blog

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By Whitney Pakalka On August 10, 2015, the Fourth Circuit released its amended published opinion in the civil case of Elderberry of Weber City, LLC v. Living Centers – Southeast, Inc., a case decided on July 21, 2015. The Court found that Plaintiff Elderberry of Weber City was not entitled to damages that accrued after […]

Tags: Damages Landlord/Tenant Statute of Frauds

19Nov

In International Piracy Case, Fourth Circuit Vacates Sentences but Affirms Convictions

Categories: 4th Cir. Blog

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By George Kennedy On August 13, in the criminal case of United States v. Said, the Fourth Circuit affirmed the convictions but vacated the sentences of six individuals involved in acts of piracy in the Gulf of Aden. Defendants in this case are Somali pirates apprehended by the U.S. Navy after a foiled plot to […]

Tags: Criminal Law Piracy

18Nov

Fourth Circuit Reverses District Court’s Holding Regarding Procedural Violation of the False Claims Act

Categories: 4th Cir. Blog

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By Sarah Walton On August 10, 2015, the Fourth Circuit issued a published opinion in the civil case of Smith v. Clark. The Fourth Circuit held that the plaintiff stated a claim under the False Claims Act and affirmed the district court’s holding in part, reversed in part, and remanded for further proceedings. Smith Alleged Violations […]

Tags: False Claims Act Retaliation

Fourth Circuit Denies Petition for Review of Immigration Removal Proceedings

Fourth Circuit Denies Review of Mine Safety Commission Decision

Fourth Circuit Upholds Refunds and Attorneys Fees Against Water Utility

Banker and Girlfriend Convictions Affirmed in Murder-For-Hire Targetting Estranged Wife

Drug Conviction Renders Petitioner Ineligible for Relief Under the INA or CAT Despite Fleeing Gang Violence in Central America

Fourth Circuit Reverses Board of Immigration Appeals on “Nexus” Requirement

Fourth Circuit Discusses Unconscionability of a Mortgage Loan

Products Liability Case Presents a Plethora of Issues on Appeal, Fourth Circuit Affirms All

“Crime of domestic violence” does not require underlying domestic violence offense

Fourth Circuit Finds that Accrued Rent is not Available After the Landlord Terminates the Lease

In International Piracy Case, Fourth Circuit Vacates Sentences but Affirms Convictions

Fourth Circuit Reverses District Court’s Holding Regarding Procedural Violation of the False Claims Act

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