Wake Forest Law Review

9Nov

Weekly Round-Up – 11/5-11/9

Categories: 4th Cir. Blog Criminal Cases Weekly Roundup
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By Tristan Meagher and Nick McCauslin United States v. Thomas  In this criminal case, LaMarcus Thomas was charged with producing child pornography based on evidence obtained from his cellular phone. Thomas sought to suppress this evidence, arguing that the affidavit submitted by the arresting officer in the warrant application did not establish the probable cause […]

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5Nov

Fourth Circuit Weighs in on Constitutional Challenges to Airport Metro Service Project

Categories: 4th Cir. Blog Issues in the 4th Circuit
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Fourth Circuit Weighs in on Constitutional Challenges to Airport Metro Service Project By Agustin Martinez and Ashley Oldfield Facts In Kerpen v. Metropolitan Washington Airports Authority,[1] the Fourth Circuit addressed numerous constitutional and statutory challenges to the Metropolitan Washington Airports Authority’s (“MWAA”) use of toll revenues to build and fund a metro service project. Beginning […]

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2Nov

Weekly Round Up- 10/29-11/2

Categories: 4th Cir. Blog Weekly Roundup
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By Sophia Pappalardo & Kenya Parrish In re: Murphy-Brown, LLC In this civil case, the Petitioner requested mandamus relief from a gag order issued by the United States District Court for the Eastern District of North Carolina. The gag order imposed strict requirements on participants and potential participants of interrelated nuisance suits brought against hog […]

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30Oct

Judges of the Fourth Circuit – Hon. Samuel J. Ervin III

Categories: 4th Cir. Blog Judges of the 4th Cir.
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By Elliott Beale and Cassidy Webb Samuel James Ervin III was born on March 2, 1926 in Morganton, North Carolina.[1] Judge Ervin joined the U.S. Army and served as a lieutenant from 1944 to 1946.[2] After Judge Ervin earned his Bachelor of Science from Davidson College in 1948, he received his LL.B. from Harvard Law School in […]

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26Oct

Weekly Roundup- 10/22-10/26

Categories: 4th Cir. Blog Weekly Roundup
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By Melissa McKinney and Sarah Orwig Electrical Welfare Trust Fund v. United States In this civil case, the Electrical Welfare Trust Fund (“Fund”) sought to recover money paid to the Department of Health and Human Services (“HHS”).  The Fourth Circuit affirmed the district court’s dismissal for lack of subject matter jurisdiction.  Because the Fund’s claim […]

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23Oct

Fourth Circuit Rules on Punitive Damages in Deaths of Nursing Home Patients

Categories: 4th Cir. Blog Issues in the 4th Circuit
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By Ryan C Dibilio and Robert M. Padget III Facts On August 2, 2018, the Fourth Circuit Court of Appeals decided Vandevender v. Blue Ridge of Raleigh, LLC.,[1] which addressed the required standards for a business to pay punitive damages in North Carolina.  Blue Ridge Health Care Center (“Blue Ridge”) operated a nursing home with […]

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17Oct

Judges of the Fourth Circuit – Hon. Francis D. Murnaghan, Jr.

Categories: 4th Cir. Blog Judges of the 4th Cir.
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By: Jason Wiener Francis Dominic Murnaghan, Jr. was born in Baltimore, Maryland on June 20, 1920.[1]  After he received an undergraduate degree from Johns Hopkins University in 1941, he served his country during World War II as a U.S. Naval Reserve Lieutenant from 1942 to 1946.[2]  Upon graduating from Harvard Law School in 1948, he […]

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9Oct

Fourth Circuit Clarifies Rules for Designations of ACCA Predicate Convictions

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By Samuel D. Gilleran and Nicholas T. Pappayliou Background On August 22, 2018, the Fourth Circuit decided United States v. Hodge,[1] clarifying whether the government may ask a district court to designate a conviction as an Armed Career Criminal Act (“ACCA”) predicate conviction, when that conviction was not so designated during the initial sentencing.  In […]

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5Oct

Weekly Roundup – 10/1-10/5

Categories: 4th Cir. Blog Weekly Roundup
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By: Nick McCauslin & Tristan Meagher Sierra Club v. United States Army Corps of Engineers In this civil case, the Sierra Club asked the Court to set aside the Army Corps of Engineers’ (“Corps”) verification which allowed for construction of the Mountain Valley Pipeline through West Virginia using the “dry cut” method for the construction […]

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2Oct

Judges of the Fourth Circuit – Hon. J. Dickson Phillips, Jr.

Categories: 4th Cir. Blog Judges of the 4th Cir.
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By Kenya Parrish & Sophia Pappalardo The Honorable James Dickson Phillips Jr. was born in Laurinburg, North Carolina on September 23, 1922.[1] Judge Phillips graduated as the salutatorian of his high school in 1939 and went on to attend Davidson College.[2] At Davidson, Judge Phillips was the captain of the baseball team and achieved Phi Beta Kappa […]

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25Sep

Fourth Circuit Rules on Mandatory Age-Discrimination Remedies

Categories: 4th Cir. Blog Issues in the 4th Circuit
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By Mackenzie Bluedorn and Jacqueline Canzoneri Relevant Facts This case began as an age discrimination claim.  The Equal Employment Opportunity Commission (“EEOC”) initially challenged that Baltimore County’s (“County”) retirement plan violated the Age Discrimination in Employment Act (“ADEA”) because its age-based contributions required older employees to pay higher percentages of their salaries.[1]  When adopting its […]

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21Sep

Weekly Roundup: 9/17-9/23

Categories: 4th Cir. Blog Weekly Roundup
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          By: Thomas Cain & Noah Hock Equal Employment Opportunity Commission v. Baltimore County In this case, the Equal Employment Opportunity Commission (“EEOC”) sought back pay for employees based on Baltimore County’s discriminatory practice involving improper contribution rates to the county’s age-based employee benefit plan. The district court found the county […]

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