22Feb

Fourth Circuit Holds That a Good Faith Marriage Analysis Is a Mixed Question of Fact and Law

Categories: 4th Cir. Blog

By Katie Baiocchi On February 22, 2017, the Fourth Circuit issued a public opinion on a Petition for Review of an Order of the Board of Immigration Appeals in the case of Upatcha v. Sessions. In Upatcha, the Fourth Circuit reversed the order of the Board of Immigration Appeals which denied plaintiff Juraluk Upatcha’s appeal. […]

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22Feb

Fourth Circuit Vacates and Remands Episcopal Church Bishop Case for a Second Time

Categories: 4th Cir. Blog

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By Ali Fenno On February 21, 2017, the Fourth Circuit issued a published opinion in the civil case of vonRosenberg v. Lawrence. In vonRosenberg, the Fourth Circuit addressed whether the district court abused its discretion by staying a federal proceeding until the conclusion of a similar state action involving different parties and claims. After examining […]

20Feb

Fourth Circuit Affirms Sentencing Enhancements for “Relevant Conduct”

Categories: 4th Cir. Blog Criminal Cases

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By John Van Swearingen On January 24, 2017, the Fourth Circuit issued a published opinion in the criminal case United States v. Agyekum. In the United States District Court for the Southern District of West Virginia, Kofi Agyekum (“Appellant”) plead guilty to two counts of structuring transactions, forfeiting over $2,300,000 in cash assets. Appellant challenged […]

Tags: Asset Forfeiture Conspiracy Enhancements Fourth Circuit Oxycodone Pharmacy Plea agreement Public Trust relevant conduct Sentencing Waiver of Rights West Virginia

16Feb

Fourth Circuit: Government Did Not Breach Plea Agreement

Categories: 4th Cir. Blog Criminal Cases

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By Mickey Herman On Thursday, January 11, 2017, the Fourth Circuit issued a published opinion in United States v. Tate, a criminal case. Defendant-appellant, Brandon Tate, appealed his sentence, arguing that the government failed to comply with the plea agreement. After reviewing Tate’s claim for plain error, the Fourth Circuit affirmed the district court’s sentencing […]

Tags: Criminal sentence unaltered Plea agreement Sentencing Guidelines

16Feb

Fourth Circuit Reaffirms Principle That A Police Chief With Reasonable Belief That Detectives Are Acting Within Scope of Employment Is Entitled To Qualified Immunity from First Amendment Retaliation Claims

Categories: 4th Cir. Blog Civil Cases

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By M. Allie Clayton On February 15, 2017, in the civil case of Crouse v. Town of Moncks Corner, the Fourth Circuit held that the police chief in Moncks Corner had qualified immunity against a claim by two police officers that they had been fired in retaliation for the exercise of their First Amendment rights. […]

Tags: Civil Litigation Civil Rights First Amendment Free Speech Qualified Immunity Retaliation

15Feb

Guest post: Abilt v. CIA: The Secret Case of the Sleepy Spy

Categories: 4th Cir. Blog Civil Cases

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On February 8, 2017, the Fourth Circuit issued a published opinion in the civil case, Abilt v. CIA. The following is a guest post by Tommy Tobin.[*] Abilt v. CIA Employment discrimination law protects individuals from discrimination at work based on their disabilities. But what about covert CIA employees: could they use the court system to allege […]

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14Feb

Fourth Circuit Adopts “Absolute Veto Power” of AG for False Claims Settlements

Categories: 4th Cir. Blog Civil Cases

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By Kelsey Hyde Today, in the civil case of United States ex rel. Michaels v. Agape Senior Community, Inc., the Fourth Circuit published an opinion affirming the district court’s decision on the Attorney General’s unreviewable veto power under 31 U.S.C. § 3730, and dismissing the appeal of an evidentiary issue. In affirming the lower court’s ruling, […]

Tags: Attorney General False Claims Act Fraud Interlocutory Appeal intervention medical care Veto Power

13Feb

Fourth Circuit Reverses and Remands Denial of Social Security Benefits

Categories: 4th Cir. Blog Civil Cases

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By: Kristina Wilson On Thursday, January 19, 2017, the Fourth Circuit issued a published opinion in the civil case Patterson v. Commissioner of Social Security Administration. The Fourth Circuit reversed and remanded the Administrative Law Judge’s (“ALJ”) denial of the plaintiff’s disability benefits due to his failure to evaluate the plaintiff’s alleged mental impairment according […]

Tags: Administrative Law Social Security benefits Social Security Disability Benefits

10Feb

Fourth Circuit Applies Plain Meaning to Bankruptcy Statute

Categories: 4th Cir. Blog Civil Cases

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By Sophia Blair On January 5, 2017, the Fourth Circuit published an amended opinion for the civil case, Lynch v. Jackson, originally decided on January 4, 2017. Bankruptcy Court Decision and Appeal to the Fourth Circuit Gabriel and Monte Jackson (“Jackson”) filed a petition for Chapter 7 bankruptcy relief. Marjorie Lynch (“Lynch”), a Bankruptcy Administrator, moved to […]

Tags: Bankruptcy bankruptcy court motion to dismiss Plain meaning statutory interpretation

9Feb

Fourth Circuit Upholds Criminal Sentence for “Threatening Communication” Charge

Categories: 4th Cir. Blog Criminal Cases

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By Kelsey Mellan On February 9, 2017, the Fourth Circuit issued a published opinion in United States v. Spencer, a criminal appeal of an allegedly unreasonable sentence stemming from a “threatening communication” charge. Todd Spencer (“Spencer”) pleaded guilty to sending threatening communication to a federal employee in violation of 18 U.S.C. § 876(c). He was […]

Tags: Criminal Law Criminal Procedure Enhanced sentencing Sentencing Guidelines

7Feb

Fourth Circuit Affirms Judgment Finding Carjacking a “Crime of Violence”

Categories: 4th Cir. Blog

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By Mike Stephens On February 2, 2017, the Fourth Circuit issued a published opinion in the criminal case United States v. Evans. The defendant, Jamal Evans, appealed his conviction and sentencing under 18 U.S.C. § 924(c)(1)(A) for the federal crime of carjacking. The District Court for the Eastern District of North Carolina denied Evans’ motion to dismiss, […]

Tags: 18 USC § 2119 18 USC § 924 4th Circuit carjacking Crime of Violence Criminal Law

6Feb

Fourth Circuit Affirms Dismissal of Data Breach Lawsuit for Lack of Subject-Matter Jurisdiction

Categories: 4th Cir. Blog Civil Cases

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By John Van Swearingen On February 6, 2017, the Fourth Circuit issued a published opinion in the civil case Beck v. McDonald. The plaintiffs appealed the dismissal of their case for lack of subject-matter jurisdiction. In the United States District Court for the District of South Carolina, the plaintiffs brought suit under common-law negligence, the […]

Tags: Administrative Procedure Act Article III Clapper Data Breach Identity Theft Lyons Negligence Privacy Act Standing Subject Matter Jurisdiction

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