By Taylor Anderson On April 27, 2015, the Fourth Circuit issued its published opinion regarding the civil case In re Jenkins. The appellant, Matthew Alan Jenkins (“Jenkins”), appealed the decision of the lower courts, arguing that the Bankruptcy Administrator and the Trustee’s (collectively, “the Trustee”) complaint should have been dismissed as untimely. The Fourth Circuit sided […]

By Paige Topper Issue Raised by the Petitioner  On April 22, 2015, in the civil case of Jones v. Clark, the Fourth Circuit addressed whether the District Court for the Eastern District of Virginia erred in granting Rashaad Jones’ habeus petition. The Fourth Circuit found that the District Court erred in granting the habeus petition and […]

By Whitney Pakalka On April 21, 2015, the Fourth Circuit issued its published opinion in the civil case of LeBlanc v. Holder, 784 F.3d 206 (4th Cir. 2015). The court dismissed LeBlanc’s petition for review of the denial of his motion to reopen an I-130 petition for citizenship for his adult son that had been […]

By George Kennedy On April 21, 2015, the Fourth Circuit issued a published opinion in the civil case of Freight Drivers and Helpers Local Union No. 557 Pension Fund v. Penske Logistics LLC in which it held that commencing an action by filing a complaint is the proper procedure for seeking judicial review of an arbitration […]

by Sarah Walton On April 17, 2015, the Fourth Circuit issued a published opinion in World Fuel Services Trading, DMCC v. Hebei Prince Shipping Co., Ltd. The court held that World Fuel Services Trading, DMCC (“DMCC”) could assert a maritime lien on marine fuel supplied to a vessel owned by Hebei Prince Shipping Company Limited (“Hebei […]

By Mikhail Petrov In the civil case of Dan Ryan Builders, Inc. v. Crystal Ridge Development, Inc., Plaintiff, Dan Ryan Builders Inc., (“Ryan”) appealed the decision of the US District Court for the Northern District of West Virginia and sought additional damages from Defendant, Lang Brother’s Inc. (“Lang”). The Fourth Circuit affirmed the decision of […]

By Anthony Biraglia In the civil case of Hobet Mining, LLC v. Epling, the Fourth Circuit affirmed an administrative law judge’s (“ALJ”) award of benefits to a coal miner under 30 U.S.C. 901(a), known as the Black Lung Benefits Act (“Act”). The Court agreed with the Benefits Review Board’s decision that substantial evidence supported the […]

By Cate Berenato Issues and Holdings On September 8, 2015, in the civil case Intertape Polymer Corp. v. N.L.R.B., the Fourth Circuit granted in part and denied in part Intertape Polymer Corporation’s (“Intertape”) petition for review of a National Labor Relations Board (“the Board”) order. The Board found that Intertape violated Section 8(a)(1) of the […]

By Taylor Ey On April 15, 2015, the Fourth Circuit issued its published opinion in United States v. Flores-Granados.  The appellant, Marlon Flores-Granados, appealed the decision of the lower court, alleging that he was improperly given a 16-level enhancement based on a prior conviction.  The Fourth Circuit sided with the appellee, the United States government, holding that under North […]

By Blake Stafford In Hernandez v. Holder, a published opinion decided on April 14, 2015, the Fourth Circuit held that an alien’s petit larceny conviction constitutes a “crime of moral turpitude” for the purposes of rendering an alien ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(1)(C).  This section prohibits the cancellation of removal of an […]

By Cate Berenato On July 9, 2015, in the civil, published case Jehovah v. Clarke, the Fourth Circuit reversed the Eastern District of Virginia’s dismissal of inmate Jesus Emmanuel Jehovah’s free exercise and deliberate indifference claims against the Virginia Department of Corrections (“VDOC”). First Amendment, RLUIPA, and Eighth Amendment Claims  The issue in this case […]