21Nov

Fourth Circuit Grants Hearing On New Presidential Proclamation Limiting Immigration

By Hailey Cleek & Raquel Macgregor On November 6th, the Fourth Circuit granted a hearing en banc to review President Trump’s third Executive Order iteration on immigration. The new Presidential Proclamation (“Proclamation”), like its predecessors, restricts immigration from several Muslim-majority countries. The case was appealed to the Fourth Circuit after the District Court of Maryland […]

19Nov

Weekly Roundup: 11/13-11/17

Categories: 4th Cir. Blog Weekly Roundup

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Schilling v. Schmidt Baking Company, Inc. In this civil case, plaintiffs appealed the district court’s dismissal of their claims for overtime wages under the Federal Labor Standards Act (FLSA), the Maryland Wage and Hour Law, and the Maryland Wage Payment and Collection Law. Under the FLSA, professional motor carriers, like Schmidt Baking Company, are generally […]

Tags: Civil Litigation Criminal Law

11Nov

Weekly Roundup – 11/6-11/10

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Weekly Roundup: 11/6-11/10 By: Tim Day & Jonathan Hilliard Plotnick v. Computer Sciences Corp. In this civil case, the plaintiffs, former executives of Computer Sciences Corporation (“CSC”), filed suit against CSC, alleging they were denied benefits under their Deferred Compensation Plan for Key Executives after an amendment to the […]

Tags: Contracts Corporate Employee Benefits Employee Compensation Employment Law ERISA Summary Judgment

8Nov

Fourth Circuit Affirms Dismissal of Zoning Case Brought on Constitutional Grounds

Categories: 4th Cir. Blog Weekly Roundup

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By: Ashley Collette and Evan Reid On October 12, 2017, the Fourth Circuit issued a published opinion in the civil case Siena Corporation v. Mayor and City Council of Rockville, Maryland. In its colorfully-worded decision, the court affirmed the dismissal of the “garden-variety zoning dispute recast in constitutional terms.” Facts and Procedural History In […]

Tags: Civil Litigation Constitutional Law Equal Protection Substantive Due Process Zoning

4Nov

Weekly Roundup 10/30-11/3

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By: Adam McCoy & Shawn Namet U.S. v. Palin In this criminal case, the defendants argued the government did not sufficiently prove the materiality requirement of health care fraud to convict for submitting to the insurance company medically unnecessary and more expensive tests to increase profits. Materiality requires showing the misrepresentation effected the insurance company’s […]

Tags: Administrative Law Criminal Law Fraud Health Care IRS

2Nov

Establishment Clause: Government Maintained Latin Cross Unconstitutional

Categories: 4th Cir. Blog Weekly Roundup

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WE, THE CITIZENS OF MARYLAND, TRUSTING IN GOD, THE SUPREME RULER OF THE UNIVERSE, PLEDGE FAITH IN OUR BROTHERS WHO GAVE THEIR ALL IN THE WORLD WAR TO MAKE THE WORLD SAFE FOR DEMOCRACY. THEIR MORTAL BODIES HAVE TURNED TO DUST. BUT THEIR SPIRIT LIVES TO GUIDE US THROUGH LIFE IN THE WAY OF GODLINESS, […]

Tags: establishment clause First Amendment lemon test Religion religious freedom Standing

31Oct

First Amendment Rights of a Prosecutor

Categories: 4th Cir. Blog Weekly Roundup

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By Chase Stevens Overview On October 17, 2017, the Fourth Circuit published its decision in Borzilleri v. Mosby. This case dealt with the issue of First Amendment rights for prosecutors engaging in political activity as private citizens. Since around 2006, Plaintiff (Borzilleri) had been an Assistant State Attorney, which required her to make plea deals […]

Tags: Association First Amendment Prosecution Speech

28Oct

Weekly Roundup – 10/23-10/27

Categories: 4th Cir. Blog Weekly Roundup

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Weekly Roundup: 10/23-10/27 By: Hanna Monson and Sarah Spangenburg United States v. Julian Zuk In this criminal case, the Government appealed the district court’s sentencing of defendant Julian Zuk as being “substantively unreasonable” after he had pled guilty to possessing child pornography as part of a plea agreement. The Fourth Circuit vacated the sentence and […]

Tags: Civil Litigation Copyright Criminal Law

23Oct

Religion: Friend or Foe to the IEP?

Categories: 4th Cir. Blog Issues in the 4th Circuit Uncategorized

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Overview M.L. was born in 2003 with Down Syndrome and lives with his family in an Orthodox Jewish community in Maryland.[1] M.L’s faith governs almost every aspect of his life, including how he dresses, eats, and works.[2] In 2009, M.L. enrolled in a private special education program that was tailored to his religious needs.[3] In […]

Tags: Constitutional Law Education Education law Free appropriate public education Individualized Education Plan Religion

21Oct

Weekly Roundup – 10/14-10/21

Categories: 4th Cir. Blog Weekly Roundup

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American Humanist Association v. Maryland-National Capital Park In this First Amendment case, the Fourth Circuit reversed the District Court’s ruling that a 40-foot tall Latin cross, established as a monument to fallen soldiers of World War I, did not violate the Establishment Clause. The entire panel found the plaintiffs had standing to challenge the monument’s […]

Tags: Constitutional Right establishment clause First Amendment Fourth Circuit Freedom of association Freedom of Speech lemon test political patronage Qualified Immunity state attorney unconstitutional

14Oct

Weekly Roundup 10/9-10/13

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Weekly Roundup 10/9-10/13 By: Evan Reid & Ashley Collette United States v. Salmons In this criminal case, the defendant appealed the district court’s decision, which found his prior crime of aggravated robbery was a predicate crime under the force clause of U.S.S.G.§ 4B1.2, thus requiring a longer minimum sentence. The Fourth Circuit affirmed the judgment […]

Tags: Admiralty Criminal Law First Amendment Fourteenth Amendment Jurisdiction Maritime Law Zoning

7Oct

Weekly Roundup: 9/25-9/29

Categories: 4th Cir. Blog Weekly Roundup

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Weekly Roundup: 9/25-9/29 By: Chase Stevens & Robert Tucci Brown v. Commissioner Social Security Administration In this administrative law case, the claimant appealed the district court’s decision affirming the Commissioner of Social Security’s denial of the claimant’s request for disability insurance benefits. The Fourth Circuit vacated the judgment of the […]

Tags: Asset Forfeiture Fourth Circuit Health Care Sixth Amendment Social Security Disability Benefits

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