Wake Forest Law Review

10Feb

FBI’s Personal Fitness Test Can Have Different Requirments for Men and Women

Categories: 4th Cir. Blog
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  By: Mikhail Petrov On January 11, 2016, in the civil case of Bauer v. Lynch, the Fourth Circuit held that physical fitness standards suitable for men may not always be suitable for women, and accommodations addressing physiological differences between the sexes are not necessarily unlawful. Plaintiff Jay J. Bauer was unable to complete his […]

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9Feb

Fourth Circuit Requires Maryland Absentee Voting Process to Comply with Title II of the ADA and Rehabilitation Act

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By Taylor Ey Today, the Fourth Circuit issued its published opinion, affirming the district court’s decision in the civil case of National Federation of the Blind v. Lamone. This case arose under Maryland statutory law governing absentee voting, and Plaintiffs (The National Federation of the Blind and individual Maryland voters) alleged that the Maryland absentee voting process violates Title […]

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9Feb

Fourth Circuit Affirms 12(b)(6) Dismissal of Religious Land Use Claim

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By Kayleigh Butterfield On February 9, 2016, the Fourth Circuit issued its published opinion in the civil case Andon LLC v. City of Newport News. In this case, Andon, LLC, and Reconciling People Together in Faith Ministries, LLC (collectively, Plaintiffs) filed a complaint against the City of Newport News, Virginia (the City). Plaintiffs’ complaint alleged […]

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8Feb

Oil and Gas Lease Not Divisible into Separate Segments for Production and Storage, Fourth Circuit Says

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By Daniel Stratton Today, the Fourth Circuit issued a published opinion in the civil case K & D Holdings, LLC v. Equitrans, L.P. In K & D Holdings, the court held that an oil and gas lease granted to defendants, Equitrans and EQT, by plaintiff, K & D Holdings, was not divisible into separate components. In reaching that conclusion, […]

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8Feb

Fourth Circuit Denies Petition for Review in Deportation Case

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By Anthony Biraglia In the civil case of Etienne v. Lynch, the Fourth Circuit denied a petition to review an Immigration Board of Appeals decision ordering Eddy Etienne (“Etienne”) to be removed from the United States on the ground that he is an alien who has been convicted of an “aggravated felony.” After determining that […]

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5Feb

Fourth Circuit Finds Insufficient Evidence in Heroin-Related Convictions

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By Paige Topper On December 10, 2015, in the criminal case of United States v. Daniel Blue, a published opinion, the Fourth Circuit reversed Daniel Blue’s (appellant) prior convictions of conspiracy and possession with the intent to distribute heroin due to insufficient evidence. Surveillance on Blue Leading to His Arrest Using the cooperation of a […]

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4Feb

Fourth Circuit Finds No Antitrust Violation Among Music Concert Competitors

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By Blake Stafford On February 4, 2016, the Fourth Circuit issued its published opinion in It’s My Party, Inc. v. Live Nation, Inc., a civil case concerning state and federal antitrust law.  In this case, It’s My Party, Inc. (“IMP”) contended that Live Nation, Inc. (“LN”) violated the Sherman Antitrust Act as well as equivalent Maryland state antitrust […]

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3Feb

Fourth Circuit Affirms Summary Judgment in Case of Pesticide Application to Peanuts

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By Malorie Letcavage On December 2, 2015, the Fourth Circuit issued its published opinion in Severn Peanut Co., Inc. v. Industrial Fumigant Co. In this case, appellant Severn Peanut Co. (“Severn”) asked the Fourth Circuit to overturn the lower court’s grant of summary judgment for appellee, Industrial Fumigant Co. (“IFC”) on both the breach of contract […]

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3Feb

Fourth Circuit Affirms Conviction of Felon In Possession of Firearm

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By Eric Jones On December 18, 2015, the Fourth Circuit issued a published opinion in the criminal case United States v. Stover.  Lavelle Stover was convicted of possession of a firearm as a felon, in violation of 18 U.S.C. § 922(g)(1).  At trial, Stover motioned to suppress the firearm that he discarded in front of […]

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2Feb

Fourth Circuit Denies Attorney’s Fees in IRS Donor List Release

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  By Eric Benedict On December 2, 2015, the Fourth Circuit Court of Appeals released its published decision in the civil case National Organization for Marriage, Inc. v. United States.  In this case, the Fourth Circuit was asked to decide if the National Organization for Marriage (“NOM”) was a “prevailing party” under  26 U.S.C. § 7430(c)(4)(A). […]

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2Feb

Fourth Circuit Declares Arbitration Agreement Unenforceable in Payday Loan Case

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By George Kennedy Today, in the civil case of Hayes v. Delbert Services Corporation, the Fourth Circuit reversed the order of the district court compelling arbitration under the Federal Arbitration Act. The Fourth Circuit held that the arbitration agreement at issue was unenforceable as a matter of law, and accordingly reversed the district court order […]

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