9Nov

Fourth Circuit Rules on Bank Director and Officer Liability with Business Judgment Rule

Categories: 4th Cir. Blog

By Amanda Whorton On August 18, 2015, the Fourth Circuit issued a published opinion in the civil case FDIC v. Rippy. The court held that there were genuine issues of material fact as to Cooperative Bank’s officers’ liability for ordinary negligence and breach of fiduciary duty, but upheld summary judgment for the directors as to the […]

Tags: Business Law

9Nov

Tip-Pooling Arrangement Does Not Violate FLSA

Categories: 4th Cir. Blog

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By Kayleigh Butterfield On July 29, 2015, the Fourth Circuit issued its published opinion in the civil case, Jahir v. Ryman Hospitality Properties, Inc. In Jahir, the Fourth Circuit affirmed the district court’s dismissal of plaintiffs’ FLSA claim seeking lost tips from Ryman Hospitality Properties, Inc. and Marriott International, Inc. (collectively, Defendants). Alleged Facts and District Court’s Dismissal […]

Tags: Employment Law FLSA minimum wage

7Nov

Fourth Circuit Affirms Black Lung Fifteen-Year Presumption

Categories: 4th Cir. Blog

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By Sarah Saint On November 6, 2015, in the civil case of Eastern Associated Coal Corporation v. Director, Office of Workers’ Compensation Programs, the Fourth Circuit issued a published opinion affirming the Benefits Review Board’s (the “BRB”) decision to award black lung benefits to Arvis R. Toler. In granting Toler’s 2008 claim for benefits, an […]

Tags: Administrative Law

5Nov

Fourth Circuit Holds that an Employee May Have More than One Employer for Purposes of Title VII

Categories: 4th Cir. Blog

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By Whitney Pakalka On July 15, 2015, the Fourth Circuit released its published opinion in the civil case of Butler v. Drive Automotive Industries, Inc. The Court reversed the lower court’s grant of summary judgment in favor of Defendant, Drive Automotive Industries (“Drive”), the company where Plaintiff was sent to work by a temporary employment […]

Tags: Employment Summary Judgment Title VII

5Nov

Fourth Circuit Finds Insufficient Evidence to Convict Defendant Under Sexual Exploitation Statute

Categories: 4th Cir. Blog

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By George Kennedy Today, in the criminal case of United States v. Palomino-Coronado, the Fourth Circuit vacated the conviction of Defendant under 18 U.S.C. § 2251(a). Holding that there was insufficient evidence to show that Defendant had engaged in sexual activity with a minor for the purpose of producing a visual depiction, the Fourth Circuit […]

Tags: Criminal Law Evidence

4Nov

Fourth Circuit Upholds Summary Judgment for Lender Under Maryland’s Credit Grantor Closed End Credit Provisions

Categories: 4th Cir. Blog

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By Sarah Walton On August 6, 2015, the Fourth Circuit issued a published opinion in the civil case of Gardner v. GMAC. The Fourth Circuit affirmed the district court’s holding that the plaintiffs were not entitled to relief under Maryland’s Credit Grantor Closed End Credit Provisions (“CLEC”) because CLEC requires that borrowers repay their principal […]

Tags: certified question Summary Judgment

4Nov

Unlawful Immigrant’s Discharge of Firearm into Winston-Salem Building not a “Crime of Violence”

Categories: 4th Cir. Blog

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By Mikhail Petrov On July 23, 2015, in the criminal case of United States v. Parral-Dominguez, the Fourth Circuit issued a published opinion vacating the sentence of foreign national Edgar Parral-Dominguez (“Dominguez”) and remanding the case back to the district court. This case examined whether Edgar Parral-Dominguez, a Mexican citizen, was properly subject to a […]

Tags: Criminal Law Immigration North Carolina Sentencing Guidelines

3Nov

Fourth Circuit Affirms District Court’s Dismissal of Indictment

Categories: 4th Cir. Blog

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By Anthony Biraglia In the criminal case of United States v. Vinson, the Fourth Circuit affirmed a North Carolina district court’s dismissal of Rodney Vinson’s (“Vinson”) indictment for possession of a firearm by a prohibited person under 18 U.S.C. § 922(g)(9). In a published opinion released on November 3, 2015, the Court found that Vinson’s […]

Tags: Criminal Law

2Nov

Fourth Circuit Holds Insurer Has No Duty to Defend Insured’s Allegedly Criminal Acts

Categories: 4th Cir. Blog

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By Blake Stafford On July 10, 2015, the Fourth Circuit issued its published opinion in Liberty Univ., Inc. v. Citizens Ins. Co. of Am., a civil case on appeal from the District Court for the Western District of Virginia. In this case, Liberty University, Inc. (“Liberty”) contended that Citizens Insurance Company of America (“Citizens”) breached its […]

Tags: Criminal Law Insurance Kidnapping

2Nov

Dismissal Below Alone Does Not Render Moot An Appeal of a Denial of a Motion to Intervene

Categories: 4th Cir. Blog

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By Taylor Ey On July 9, 2015, the Fourth Circuit issued its published opinion in the civil case of CVLR Performance Horses, Inc. v. Wynne. This case was on appeal from the District Court for the Western District of Virginia, where Vicky Marsh and Karen Foster sought to intervene as plaintiffs in an action under […]

Tags: Equitable Tolling Mootness Motion to Intervene RICO

30Oct

Fourth Circuit Affirms Imposition of Obstruction Enhancement in Robbery Case

Categories: 4th Cir. Blog

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By Kayleigh Butterfield On October 30, 2015, the Fourth Circuit issued its published opinion in the criminal case United States v. Andrews. In Andrews, the Fourth Circuit affirmed the district court’s imposition of a U.S.S.G. § 3C1.1 enhancement for obstructing the administration of justice, because the district court’s finding was not clearly erroneous based on the […]

Tags: obstruction enhancement robbery Sentencing testimony witness

30Oct

Fourth Circuit Remands District Court’s Sentencing Decision

Categories: 4th Cir. Blog

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By Cate Berenato On October 30, 2015, the Fourth Circuit in the published, criminal case United States v. McLeod, affirmed in-part and remanded in-part a United States District Court for the District of South Carolina’s sentencing decision. Mr. McLeod’s Conviction and Procedural Posture Gregory McLeod pleaded guilty to 18 U.S.C. § 922(g)(1), possession of a […]

Tags: Criminal Law

Fourth Circuit Rules on Bank Director and Officer Liability with Business Judgment Rule

Tip-Pooling Arrangement Does Not Violate FLSA

Fourth Circuit Affirms Black Lung Fifteen-Year Presumption

Fourth Circuit Holds that an Employee May Have More than One Employer for Purposes of Title VII

Fourth Circuit Finds Insufficient Evidence to Convict Defendant Under Sexual Exploitation Statute

Fourth Circuit Upholds Summary Judgment for Lender Under Maryland’s Credit Grantor Closed End Credit Provisions

Unlawful Immigrant’s Discharge of Firearm into Winston-Salem Building not a “Crime of Violence”

Fourth Circuit Affirms District Court’s Dismissal of Indictment

Fourth Circuit Holds Insurer Has No Duty to Defend Insured’s Allegedly Criminal Acts

Dismissal Below Alone Does Not Render Moot An Appeal of a Denial of a Motion to Intervene

Fourth Circuit Affirms Imposition of Obstruction Enhancement in Robbery Case

Fourth Circuit Remands District Court’s Sentencing Decision

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