Wake Forest Law Review

18Nov

Fourth Circuit Affirms Coal Company’s Liability in Employment Benefits Case

Categories: 4th Cir. Blog Civil Cases
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By: Kristina Wilson On Friday, November 18, 2016, the Fourth Circuit issued a published opinion in the civil case RB&F Coal, Inc. v. Mullins. The Fourth Circuit affirmed the U.S. Department of Labor’s Benefits Review Board’s finding that a coal miner, Turl Mullins, and his wife, Deloris Mullins, were entitled to employment and survivors’ benefits under […]

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16Nov

The Fourth Circuit Remands Qui Tam Proceedings Based on Possible Fraud Leading to Successor Corporate Liability

Categories: 4th Cir. Blog Civil Cases
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By M. Allie Clayton On November 15, 2016, the Fourth Circuit released a published opinion in the civil case of United States v. Government Logistics N. V., and held that, while the substantial continuity test for successor corporate liability did not apply, the factual allegations regarding the fraudulent transaction test could not be resolved in […]

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14Nov

Fourth Circuit Denies Review of Administrative Order & Civil Penalties Following a Fatal Coal Mine Accident

Categories: 4th Cir. Blog Civil Cases
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Fourth Circuit Denies Review of Administrative Order & Civil Penalties Following a Fatal Coal Mine Accident By Kelsey Hyde On November 10, 2016, the Fourth Circuit published an opinion in the case of Consol Buchanan Mining Company v. Secretary of Labor.  The Fourth Circuit denied Consol’s petition for review of an order by the Federal Mine […]

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12Nov

Fourth Circuit Finds Plaintiff’s Due Process Rights Violated and Clarifies Standard for Excessive Force

Categories: 4th Cir. Blog Criminal Cases
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By Mike Stephens On November 7, 2016, the Fourth Circuit decided the criminal case of Dilworth v. Adams. Michael Dilworth (“Dilworth”) was being held as a pretrial detainee in a North Carolina detention facility, facing charges for failing to appear in court. While detained, Dilworth was involved in an altercation with a fellow inmate and an […]

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10Nov

Fourth Circuit Remands Burglary Case with Sentencing Guidelines

Categories: 4th Cir. Blog Criminal Cases
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By Sophia Blair On November 10, 2016, the Fourth Circuit issued a published opinion in the criminal case, United States v. Williams. Earnest Lee Williams Jr. (“Williams”) was charged with attempting to enter a bank with the intent to commit a felony and larceny in violation of 18 U.S.C. § 2113(a). Williams pleaded guilty to […]

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9Nov

Fourth Circuit Rules Virginia’s Geriatric Release Program Violates Eighth Amendment Rights of Juveniles Serving Life Sentences for Non-Homicide Offenses

Categories: Civil Cases
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By John Van Swearingen On Wednesday, November 9, 2016, the Fourth Circuit issued a published opinion in the civil case LeBlanc v. Mathena. This matter was a habeas corpus petition brought by a juvenile offender sentenced to life without parole for a non-homicide offense. The District Court of the Eastern District of Virginia had previously concluded […]

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9Nov

Fourth Circuit Affirms Dismissal of Pro Se Plaintiff’s Case

Categories: 4th Cir. Blog Civil Cases
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By Ali Fenno On November 8, 2016, the Fourth Circuit issued a published opinion in the civil case of Thomas v. Salvation Army.  In Thomas, the Fourth Circuit addressed whether the Western District of North Carolina properly dismissed Sharon Thomas’s (“Thomas”) various claims against three charitable organizations that allegedly refused to admit her to homeless […]

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7Nov

Fourth Circuit Deems Deprivation of Prisoner’s Medical Care Unconstitutional

Categories: 4th Cir. Blog Civil Cases
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By Kelsey Mellan On November 4, 2016, the Fourth Circuit issued a published opinion in Scinto v. Stansberry, a civil case involving a prisoner who was allegedly denied medical attention while in a North Carolina prison (“Prison”). Plaintiff Paul Scinto, Sr. suffers from diabetes and claims that while he was incarcerated, he was denied medical […]

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4Nov

Fourth Circuit Affirms Denial of Protective Order in Debt Collection Judgment Case

Categories: 4th Cir. Blog Civil Cases
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By: Kristina Wilson Earlier today, November 4, 2016, the Fourth Circuit issued a published opinion in the civil case Wells Fargo Equipment Finance v. Asterbadi. The Fourth Circuit affirmed the District Court’s decision in favor of Wells Fargo. On appeal, the parties disputed whether the statute of limitations on a debt collection judgment against Asterbadi had […]

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1Nov

Government Contractor Defense Now Available in Failure to Warn Cases

Categories: 4th Cir. Blog Civil Cases
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By M. Allie Clayton On November 1, 2016, in the civil case of Ripley v. Foster Wheeler, LLC, a published opinion, the Fourth Circuit established that the government contractor defense is available in failure to warn cases. The Fourth Circuit reversed and remanded to the Eastern District of Virginia to determine if the government contractor […]

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31Oct

Fourth Circuit Upholds the Importance of the Family and Medical Leave Act (FMLA) by Affirming Dismissal of Fraudulent Claims

Categories: 4th Cir. Blog Civil Cases
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By Kelsey Hyde On October 31, 2016, in the civil case of Masoud Sharif v. United Airlines, Inc., the Fourth Circuit affirmed the decision of the District Court for the Eastern District of Virginia dismissing plaintiff’s claims of unlawful retaliation by his employer. Because plaintiff failed to sufficiently rebut the defendant employer’s reasoning and factual support […]

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30Oct

Fourth Circuit Clarifies “Political Question Doctrine”

Categories: 4th Cir. Blog Civil Cases
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By Kelsey Mellan On October 21, 2016, the Fourth Circuit issued a published opinion in Al Shimari v. CACI Premier Tech., Inc., a civil case involving four Iraqi nationals who were allegedly abused while detained at Abu Gharib prison, located near Baghdad, Iraq, in 2003 and 2004. While the plaintiffs in this action were held […]

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