Wake Forest Law Review

16Mar

Misleading Statements Sufficient for Trial in 10b-5 Suit

Categories: 4th Cir. Blog
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By Dan Menken Today in the published opinion of Zak v. Chelsea Therapeutics International, the Fourth Circuit vacated the district court’s dismissal of the plaintiffs’ claim that the defendants, Chelsea Therapeutics International, LTD (“Chelsea”) and several corporate officers, violated § 10(b) of the Securities Exchange Act of 1934 (“the Exchange Act”) and remanded the case for […]

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6Mar

Statutory Interpretation of Eligibility Requirement for Cancellation of Removal Actions

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By Kaitlin Price Today, Friday, March 6, 2015, the Fourth Circuit in Tiscareno-Garcia v. Holder denied in part and dismissed in part Petitioner, Rafael Tiscareno-Garcia petition for review of an order for removal of the Board of Immigration of Appeals. Facts  Rafael Tiscareno-Garcia illegally entered the United States on four different occasions. Between March 8, 1999 and […]

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6Mar

Presentence Reports Insufficient to Attribute Drug Quantities in a Conspiracy

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By Lauren D. Emery On March 3, 2015, in the published criminal opinion, U.S. v. Flores-Alvarado, the Fourth Circuit vacated and remanded for re-sentencing the district court’s conviction against Marco Antonia Flores-Alvarado’s (“Flores-Alvarad0”).  Flores-Alvarado had previously plead guilty to a charge for conspiracy to distribute 5 kilograms or more of cocaine and 1000 kilograms or more […]

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5Mar

Prospective Request for Attorneys’ Fees Did Not Violate Fair Debt Collection Practices Act

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By Rolf Garcia-Gallont In an opinion published today, the Fourth Circuit affirmed the district court’s decision in the civil case of Elyazidi v. SunTrust Bank, dismissing all claims brought by the appellant and original plaintiff, Mounia Elyazidi. Facts and Procedural Posture Elyazidi overdrew her SunTrust checking account when, despite having only a few hundred dollars in […]

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5Mar

Fourth Circuit Upholds Life Sentence For Juvenile Defendant In Light of New Supreme Court Precedent

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By Michael Mitchell Today, in the criminal case of Johnson v. Ponton, a published opinion, the Fourth Circuit affirmed the decision of the District Court for the Eastern District of Virginia, upholding the petitioner’s sentence of life imprisonment without parole for a capital murder and rape conviction. Petitioner Challenges Life Sentence Based on New Supreme Court Precedent […]

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4Mar

Fourth Circuit Reverses District Court’s Dismissal Of Habeas Petition

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By Carson Smith On March 3, 2015, in Gordon v. Braxton, the Fourth Circuit reversed and remanded the denial of Jerome Gordon’s petition for writ of habeas corpus by the Eastern District of Virginia. The Fourth Circuit held that “(1) Gordon properly exhausted his state remedies; (2) the state court did not adjudicate Gordon’s claims on the […]

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4Mar

Fourth Circuit Doesn’t Buy Retail Tenant’s Argument, Affirms Decision Allowing Mall Redevelopment to Move Forward

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By Patrick Southern Today, in a published opinion in the civil case of Lord & Taylor, LLC v. White Flint, L.P.,  the Fourth Circuit affirmed a ruling from the District of Maryland which refused to stop plans for redevelopment of a now-vacant shopping mall. It did so over the objections of the plaintiff, Lord & Taylor, […]

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3Mar

Nonpermanent Residents who are Convicted for Illegal Entry and Serve the Maximum Sentence of 180 Days are Barred from Showing “Good Moral Character” Under § 1101(f)

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By Katharine Yale Today in Tiscareno-Garcia v. Holder, a published civil case, the Fourth Circuit denied in part, and dismissed in part Rafael Tiscareno-Garcia’s (“Plaintiff”) petition for review of an order of the Board of Immigration Appeals (“BIA”). Background Leading up to Removal Proceedings and Procedural History Plaintiff is a Mexican national who was apprehended […]

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3Mar

Fourth Circuit Holds that Res Judicata Bars Plaintiffs’ Claims in Bankruptcy Context

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By Taylor Ey Today, the Fourth Circuit issued its public opinion in Covert v. LVNV Funding, LLC, affirming the decision of the District Court of Maryland, Greenbelt. Procedural History In 2008, Plaintiffs Covert, Haworth, Haworth, Ayele, and Brown separately filed petitions for Chapter 13 bankruptcy in Bankruptcy Court for the District of Maryland.  Defendants, LVNV Funding, LLC […]

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2Mar

Child’s Statement Secures Qualified Immunity for Police Officer

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By Marcus Fields Today, in Pleasants v. Rigsby, an unpublished decision, the Fourth Circuit affirmed the District Court for the Western District of Virginia’s grant of summary judgment in favor or Officer Robert Rigsby and the Town of Louisa on Sloan Pleasants’ claim that Rigsby falsely arrested her. Officer Rigsby’s Arrest of Sloan Pleasants On […]

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2Mar

How Many Experts to Prove Causation? Five Fail in Medical Device Products Liability Case

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By Elissa Hachmeister Today, March 2, 2015, in the civil case Lewis v. Johnson & Johnson, the Fourth Circuit affirmed in an unpublished opinion the District Court for the Southern District of West Virginia’s decisions granting summary judgment for the defendant on Lewis’ failure-to-warn claim and directing a verdict for the defendant on Lewis’ design […]

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27Feb

The Fourth Circuit Affirmed that Religious Group is a Prison Gang

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By David Darr Today, in the civil rights case Infinite Allah v. Virginia, the Fourth Circuit affirmed in an unpublished per curiam opinion the decision of the District Court for the Western District of Virginia granting judgment in favor of Virginia on the plaintiff’s Religious Land Use and Institutionalized Persons Act (“RLUIPA”) claim. Plaintiff Contended […]

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