22Sep

Fourth Circuit Reverses Trial Court’s Exclusion of Evidence in Healthcare Fraud Case

Categories: 4th Cir. Blog

By Anthony Biraglia In the criminal case of United States v. Bajoghli, the Fourth Circuit found that the trial court abused its discretion in granting a defendant’s pre-trial motions in connection with an indictment for healthcare fraud under 18 U.S.C. § 1347. The Court concluded that the pre-trial evidentiary rulings unreasonably restricted the government’s ability […]

Tags: Criminal Law Evidence

22Sep

Fourth Circuit Overturns District Court’s Class Decertification

Categories: 4th Cir. Blog

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By Cate Berenato On May 11, 2015, in the published civil case Brown v. Nucor Corp., the Fourth Circuit held that a South Carolina district court erred in decertifying a class of workers who claimed that their employer, Nucor Corporation and Nucor Steel Berkeley (“Nucor”), engaged in discriminatory job promotion practices under Title VII […]

Tags: Employment Law Title VII

21Sep

Ambiguous Insurance Application Questions and Inadmissible Consent Orders

Categories: 4th Cir. Blog

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By Blake Stafford On May 5, 2015, the Fourth Circuit issued its published opinion in the civil case of Certain Underwriters at Lloyd’s v. Cohen. This case (in federal court under diversity jurisdiction) involved an insurer’s rescission of disability insurance policies due to alleged material misrepresentations on the policy applications. The Fourth Circuit reversed and remanded the summary judgment that […]

Tags: Contracts Insurance

21Sep

Fourth Circuit Splits 2-1, Follows Narrow Interpretation of “Objectively Reasonable Belief” Standard in Employer Retaliation Cases

Categories: 4th Cir. Blog

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By Taylor Ey Did the District Court Err in Granting Defendants’ Motion for Summary Judgment for Plaintiff’s Discrimination and Retaliation Claims Brought Under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981? On May 13, 2015, the Fourth Circuit issued its published opinion in the civil case of Boyer-Liberto v. Fontainebleau […]

Tags: Race Discrimination Retaliation Title VII

18Sep

Fourth Circuit Examines Duty to Inspect and Proximate Cause in FRSA Case

Categories: 4th Cir. Blog

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By Kayleigh Butterfield On April 30, 2015, the Fourth Circuit issued a published opinion in the civil case Harris v. Norfolk Southern Railway Co. Norfolk Southern Railway Company (“Norfolk Southern”) appealed the district court’s grant of summary judgment against it on the issue of liability in a negligence action brought by Charles Harris, who sought compensation […]

Tags: Breach Duty Punitive Damages Summary Judgment Torts

18Sep

Fourth Circuit Finds Hernandez-Avalos Meets Asylum Eligibility Requirements

Categories: 4th Cir. Blog

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By Sarah Saint On April 30, 2015, the Fourth Circuit issued a published opinion in the civil case Hernandez-Avalos v. Lynch. Maydai Hernandez-Avalos and her son fled El Salvador after being thrice threatened by Mara 18, an aggressive gang, and entered the United States without valid entry documents. Hernandez petitioned for asylum, which the Immigration […]

Tags: asylum Immigration

17Sep

Fourth Circuit Narrowly Construes FRSA’s Election of Remedies Provision

Categories: 4th Cir. Blog

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By Elissa Hachmeister Today, in a published opinion in the civil case of Lee v. Norfolk Southern Railway Co., the Fourth Circuit established that the “Election of Remedies” provision of the Federal Railroad Safety Act (FRSA) is to be narrowly applied to bar duplicative claims brought under statutes aimed at preventing retaliation for workplace health […]

Tags: Civil Litigation Civil Rights Discrimination Federal Regulation

16Sep

Fourth Circuit Affirms Summary Judgment on the Basis of Qualified Immunity

Categories: 4th Cir. Blog

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By Malorie Letcavage Overview In a published opinion of a civil case issued on April 28, 2015, the Fourth Circuit affirmed the lower court’s decision to grant summary judgment on the basis of qualified immunity in the case of Raub v. Campbell. The appellant, Brandon Raub, argued that his Fourth Amendment right to be free […]

Tags: Civil Litigation First Amendment Fourth Amendment Free Speech injunctive relief Summary Judgment

16Sep

Fourth Circuit Vacates Guilty Plea Due to District Court Coercion

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By Eric Jones On April 28, 2015, the Fourth Circuit issued a published opinion in the criminal case United States v. Braxton. The Circuit Court held that Fed. R. Crim. P. 11(c)(1) explicitly prohibits district courts from participating in discussions about plea agreements in any way. Because the United States District Court for the District […]

Tags: Arrest Criminal Law Criminal Procedure Drugs Guilty Plea Plea Plea agreement Plea Deal

15Sep

Fourth Circuit Allows SawStop to Proceed with “Group-Boycotting” Claim

Categories: 4th Cir. Blog

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By Eric Benedict Overview On September 15, 2015, the Fourth Circuit issued a published opinion in the civil case SD3, LLC v. Black & Decker. SD3, LLC and its subsidiary, SawStop, LLC (together, “SawStop”) sought relief under section 1 of the Sherman Antitrust Act (15 U.S.C. § 1). The Circuit Court quickly affirmed the dismissal of […]

Tags: Antitrust pleading standard Sherman

15Sep

Subsequent Nullification of Career Offender Status Does Not Result in Claim for Collateral Relief

Categories: 4th Cir. Blog

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By Elizabeth DeFrance Is a Claim for Collateral Relief Pursuant to 28 U.S.C. § 2255 Cognizable When the Petitioner’s Career Offender Designation Was Later Nullified? On April 27, 2015, in the criminal case U.S. v. Foote, the Fourth Circuit affirmed in a published opinion the district court’s denial of a defendant’s petition for collateral relief under […]

Tags: Criminal Law Sentencing

14Sep

Fourth Circuit Affirms Award of Attorney’s Fees in Trademark Case

Categories: 4th Cir. Blog

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By Amanda Whorton On April 23, 2015, the Fourth Circuit issued a published opinion in the civil case Shammas v. Focarino. The court held that 15 U.S.C. § 1071(b)(3) of the Lanham Act requires that a dissatisfied trademark applicant who elects to commence a de novo action in a federal district court to challenge a ruling of the […]

Tags: Civil Procedure trademark

Fourth Circuit Reverses Trial Court’s Exclusion of Evidence in Healthcare Fraud Case

Fourth Circuit Overturns District Court’s Class Decertification

Ambiguous Insurance Application Questions and Inadmissible Consent Orders

Fourth Circuit Splits 2-1, Follows Narrow Interpretation of “Objectively Reasonable Belief” Standard in Employer Retaliation Cases

Fourth Circuit Examines Duty to Inspect and Proximate Cause in FRSA Case

Fourth Circuit Finds Hernandez-Avalos Meets Asylum Eligibility Requirements

Fourth Circuit Narrowly Construes FRSA’s Election of Remedies Provision

Fourth Circuit Affirms Summary Judgment on the Basis of Qualified Immunity

Fourth Circuit Vacates Guilty Plea Due to District Court Coercion

Fourth Circuit Allows SawStop to Proceed with “Group-Boycotting” Claim

Subsequent Nullification of Career Offender Status Does Not Result in Claim for Collateral Relief

Fourth Circuit Affirms Award of Attorney’s Fees in Trademark Case

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