Wake Forest Law Review

19Feb

Court Dismisses Perdue’s Claim for Lack of Jurisdiction

Categories: 4th Cir. Blog Civil Cases
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By Cate Berenato On February 19, 2016, in the published civil case Perdue Foods v. BRF, the Fourth Circuit affirmed the United States District Court for the District of Maryland’s dismissal of Perdue’s breach of contract claim because of a lack of personal jurisdiction of BRF. The court stated that Perdue had not alleged sufficient […]

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19Feb

Fourth Circuit Vacates Firearm Conviction in Light of United States v. Simmons

Categories: 4th Cir. Blog Criminal Cases
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By Paige Topper On February 19, 2016, in the criminal case of United States v. Adams, a published opinion, the Fourth Circuit vacated the conviction of defendant, Richard Adams, for being a felon in possession of a firearm because, at the time of the offense, Adams was not a convicted felon. Adams’ Plea Agreement Relating […]

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18Feb

Fourth Circuit Finds Ineffective Assistance of Counsel for Failure to Move for Suppression

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By Blake Stafford On February 9, 2016, the Fourth Circuit issued its published opinion in Grueninger v. Dir., Va. Dep’t of Corr., a criminal case reversing the dismissal of a prisoner’s federal habeas petition.  In this case, Eric Adam Grueninger was convicted of sexual abuse and possession of child pornography.  His conviction for sexual abuse rested […]

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17Feb

Fourth Circuit Allows Sentence Reduction

Categories: 4th Cir. Blog Criminal Cases
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By Malorie Letcavage On December 14, 2015, the Fourth Circuit released its published opinion in United States v. Lance Williams. The Court vacated the district court’s denial of Lance Williams’ motion for a reduced sentence under 18 U.S.C. §3582(c)(2). The Court’s opinion made it clear that when there is an amendment to the U.S. Sentencing Guidelines […]

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17Feb

Fourth Circuit Holds District Court Interference and Interruptions Were Not Prejudicial

Categories: 4th Cir. Blog Civil Cases
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By Eric Jones On January 7, 2016, the Fourth Circuit issued a published opinion in the criminal case United States v. Martinovich.  At trial, Jeffrey A. Martinovich (“Martinovich”) was convicted of one count of conspiracy to commit mail and wire fraud, four counts of wire fraud, five counts of mail fraud, and seven counts of […]

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16Feb

Fourth Circuit Vacates Order from Board of Immigration Appeals, Citing States’ Rights Concerns

Categories: 4th Cir. Blog Civil Cases
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  By George Kennedy On February 16, 2016, the Fourth Circuit issued its published opinion in the agency review case Adebowale Oloyde Ojo v. Loretta Lynch. In its order, the Fourth Circuit vacated the order of the Board of Immigration Appeals (“BIA”) denying a motion to reopen the removal proceedings of Adebowale Oloyde Ojo, a […]

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16Feb

The Fourth Circuit Cites Contract Law to Dismiss Waived Sentencing Appeal

Categories: 4th Cir. Blog
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By Eric Benedict On February 16, 2016, the Fourth Circuit Court of Appeals issued its published opinion in the criminal case, United States v. McLaughlin. Judge Wilkinson, writing for a unanimous panel, dismissed McLaughlin’s appeal. The panel used a published opinion to clarify which types of appeals fall within the perimeters of a plea bargain which […]

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15Feb

Fourth Circuit Denies Petition for Review of an FCC Order

Categories: 4th Cir. Blog Civil Cases
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By Amanda Whorton On December 18, 2015, the Fourth Circuit issued a published opinion in the civil case Montgomery County v. FCC. The court denied Montgomery County, Maryland’s (“County”) petition for review of the Federal Communications Commission’s (“FCC”) October 17, 2014 Order (“Order”). The Spectrum Act Congress passed the Spectrum Act as part of the Middle […]

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15Feb

Qualified Immunity Defense Shocks Plaintiff Who Alleges Use of Excessive Force

Categories: 4th Cir. Blog Civil Cases
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By Taylor Anderson On January 11, 2016, the Fourth Circuit issued its published opinion regarding the civil case Estate of Ronald Armstrong v. Village of Pinehurst. The estate of Ronald H. Armstrong (“Appellant”), appealed the district court’s order granting summary judgment to various appellees, including the Village of Pinehurst, North Carolina (“Pinehurst”), Lieutenant Jerry McDonald […]

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11Feb

Fourth Circuit Holds that Creditors in Maryland “Discover” Violations of Closed End Credit Provisions When They Actually Become Aware of Charging an Improper Interest Rate

Categories: 4th Cir. Blog Uncategorized
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 By Whitney Pakalka On January 11, 2016, the Fourth Circuit issued a published opinion in the civil case of Askew v. Hampton Roads Finance Company. The District Court for the District of Maryland granted Hampton Roads Finance Company (“HRFC”) summary judgment on all of Dante Askew’s borrower-creditor claims. The Fourth Circuit affirmed the grant of […]

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11Feb

Order Dismissing Discrimination Complaint Without Prejudice is not Final and Appealable

Categories: 4th Cir. Blog
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By Elizabeth DeFrance On December 9, 2015 the Fourth Circuit Court of Appeals issued a published opinion in the civil case, Goode v. Central Virginia Legal Aid Society. The plaintiff, Freddie L. Goode (“Goode”), appealed the district court’s dismissal without prejudice of his complaint against Central Virginia Legal Aid Society (“CVLAS”) for race and age […]

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10Feb

Fourth Circuit Holds That Sign Regulation is Subject to Strict Scrutiny

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By Sarah Walton On January 29, 2016, the Fourth Circuit issued a published opinion in the civil case of Central Radio Company Inc v. City of Norfolk. The Fourth Circuit dismissed the appeal in part, affirmed in part, reversed in part, and remanded the case to the district court for a determination regarding damages. The […]

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