Wake Forest Law Review

20Oct

Fourth Circuit Vacates Motion to Dismiss in RCRA Case

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By Anthony Biraglia In the civil case of Goldfarb v. Mayor & City Council of Baltimore, the Fourth Circuit vacated a Maryland district court’s dismissal of statutory claims under the Resource Conservation and Recovery Act (“RCRA”). In a published opinion released on July 1, 2015, the Court determined that dismissal of the plaintiff’s claims under […]

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20Oct

Fourth Circuit Lacked Jurisdiction in Capital Murder Appeal

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By Paige Topper On October 20, 2015, in the criminal case of Porter v. Zook, a published opinion, the Fourth Circuit dismissed Thomas Porter’s appeal for lack of jurisdiction. The Fourth Circuit found that the district court did not issue a final decision on Porter’s actual bias claim against a juror during his trial for […]

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19Oct

Fourth Circuit Affirms Lack of Similarity in Architectural Copyright Infringement Suit

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By Blake Stafford On June 23, 2015, the Fourth Circuit issued its published opinion in Humphreys & Partners Architects, L.P. v. Lessard Design, Inc.  In this civil case, architecture firm Humphreys & Partners Architects, L.P. (“HPA”) alleged copyright infringement of its architectural design of a high-rise condominium.  The District Court for the Eastern District of Virginia […]

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19Oct

Individuals with Disabilities Education Act Continues to Require Schools to Provide Eligible Students with Some Educational Benefit, Not to Maximize Potential

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By Taylor Ey Today the Fourth Circuit published its unanimous opinion in the civil case O.S. ex rel. Michael S. and Amy S. v. Fairfax County School Board.  Plaintiff-Appellant O.S. was a second grader in the Fairfax County School system (“Defendant”) at the time the case originated.  O.S. has several disorder that qualify him for special education […]

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16Oct

Fourth Circuit Finds Government Failed to Disclose Impeachable Evidence in Gambling Case

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By Paige Topper On June 25, 2015, in the criminal case of United States v. Parker, a published opinion, the Fourth Circuit vacated the defendants’ convictions of illegal gambling. The Fourth Circuit found that the government failed to disclose material impeachment information relating to a government witness who testified about a fifth participant in the […]

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16Oct

Plumbers Forced to Pay in Withdrawal Liability Case

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By Kayleigh Butterfield On June 29, 2015, the Fourth Circuit issued a published decision in the civil case Trustees of the Plumbers & Pipefitters National Pension Fund v. Plumbing Services, Inc. The case involved the Plumbers and Pipefitters National Pension Fund (“Fund”) and its suit against Plumbing Services, Inc. (“PSI”) and PSI’s successor company (collectively […]

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15Oct

Fourth Circuit Affirms 188 Month Sentence for Cocaine Trafficker

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By Daniel Stratton Today, the Fourth Circuit affirmed the sentence of an individual convicted of conspiracy and possession with intent to distribute cocaine in a published opinion in the criminal case United States v. McCoy. The appellant, Dilade McCoy, challenged the district court’s decision to impose a 188-month sentence, on the grounds that the sentence […]

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14Oct

Fourth Circuit Finds No Plain Error for Criminal Cocaine Charges

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By Malorie Letcavage Overview On June 24, 2015 the Fourth Circuit issued its published opinion in the criminal case, U.S. v. Obey. This case was based on Gregory Obey’s claims that the government breached its plea agreement in making its sentencing recommendation and that the district court did not have the authority to order his […]

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14Oct

Fourth Amendment Protections Weakened in Deportation Proceedings

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By Eric Jones On June 16, 2015, the Fourth Circuit issued a published opinion in the civil removal case Yanez-Marquez v. Lynch.  Maria Yanez-Marquez (Yanez) was petitioning to the Fourth Circuit for review of a Board of Immigration Appeals (BIA) decision dismissing her appeal from an order for her removal from the United States.  The […]

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13Oct

Fourth Circuit Holds No Duty for Insurer to Defend Hunt Club Member Who Accidentally Shot Passing Driver

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By Elizabeth DeFrance In an opinion for the civil case, Marks v. Scottsdale Ins. Co., published June 29, 2015, the Fourth Circuit Court of Appeals held that a general liability insurer for a hunt club had no duty to indemnify or defend a club member who accidentally shot a passing driver while hunting on land […]

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13Oct

Fourth Circuit Denies ‘Treasure’ Salvage Claim to Client’s Attorney

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By Eric Benedict Overview On June 22, 2015, the Fourth Circuit issued its published opinion in the civil case, Recovery Limited Partnership v. Wrecked & Abandoned Vessel S.S. Central America. In Recovery Limited Partnership, the Fourth Circuit had to decide if an attorney who withdrew as counsel for a client could subsequently make a salvage […]

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12Oct

Fourth Circuit Affirms Summary Judgment on False Advertising Claims

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By Sarah Walton On June 18, 2015, the Fourth Circuit issued a published opinion in the civil case of Design Resources, Inc. v. Leather Industries of America. The court held that Defendants’ statements about leather products were not false or misleading descriptions of fact, and therefore did not meet the standard for false advertising. Origins […]

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