5Oct

Forfeited Assets Unavailable to Pay for Appellate Counsel

By Adam McCoy On Monday, September 25, 2017, the Fourth Circuit issued a published opinion in a criminal case, United States v. Marshall. Andracos Marshall (“Marshall”) was found guilty of several crimes including conspiracy to commit money laundering. The Government filed motions for forfeiture and district court entered an order for forfeiture in amount of […]

Tags: Asset Forfeiture Criminal Law

5Oct

Fourth Circuit Affirms Denial of Motion for Preliminary Injunction to Enforce Settlement Agreements

Categories: 4th Cir. Blog Weekly Roundup

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By Shawn Namet On September 28, 2017, the Forth Circuit issued a published opinion in Di Biase v. SPX Corp. Plaintiffs, retirees of SPX Corporation (“SPX”) as well as the International Union United Automobile, Aerospace and Agricultural Implement Workers of America, UAW (collectively, “Plaintiffs”) filed a motion for preliminary injunction in an action to enforce […]

Tags: injunctive relief Mootness

10Apr

4th Circuit Blog Summer Hiatus

Categories: 4th Cir. Blog Archive

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Dear Readers, Thank you for visiting the 4th Circuit blog! We are now on summer hiatus to allow our bloggers to prepare for the end of the semester and the start of summer activities. Please check back in August for the latest 4th Circuit opinions. See you then. Thank you, 4th Circuit Blog Team

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5Apr

Fourth Circuit Reverses the Denial of Asylum to Honduras Citizen

Categories: 4th Cir. Blog Archive

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By Kelsey Hyde On March 14, 2017, the Fourth Circuit amended their March 13, 2017 published opinion in the case of Cantillano Cruz v. Sessions III where the Court granted a petition for review of a final order from the Board of Immigration Appeals (BIA). In its decision, the Court reversed the administrative court’s denial […]

Tags: Administrative Law asylum Board of Immigration Appeals Immigration

31Mar

Fourth Circuit Vacates and Remands Prison Grievance Claim for Further Fact-Finding

Categories: 4th Cir. Blog Archive Civil Cases

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By Kelsey Mellan On March 23, 2017, the Fourth Circuit issued a published opinion in Custis v. Davis, a civil appeal of the district court’s sua sponte dismissal of a federal prisoner’s grievance claim. Plaintiff Ryricka Custis, a federal inmate, filed a complaint through his prison’s administrative grievance process but was subsequently denied relief. […]

Tags: administrative remedy Civil Law failure to exhaust Prisoner

30Mar

Fourth Circuit Finds Duration of Traffic Stop Reasonable under Fourth Amendment

Categories: 4th Cir. Blog Archive Criminal Cases

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By Sophia Blair On March 30, 2017, the Fourth Circuit issued a published criminal opinion, United States v. Hill. Donald Hill (“Hill”) pled guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). However, he appealed the district court’s denial of his motion to suppress his statements and a firearm seized […]

Tags: Fourth Amendment Police reasonable rodriguez Search Seizure Traffic Stop

30Mar

Debtors’ Objections to Unsecured Claims Not Barred by Res Judicata

Categories: 4th Cir. Blog Archive Civil Cases

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By Mickey Herman On Thursday, March 30, 2017, the Fourth Circuit issued a published opinion in LVNV Funding, LLC v. Harling, a bankruptcy case. Creditor-appellant, LVNV Funding, LLC (“LVNV”) appealed the bankruptcy court’s decision to sustain Rhodes’ and the Harling’s (collectively “Debtors”) objections to LVNV’s unsecured claims, which were raised after the confirmation date. After […]

Tags: Bankruptcy bankruptcy court Res judicata

29Mar

Fourth Circuit Applies Deferential Standard to Affirm Denial of § 2254 Petition

Categories: 4th Cir. Blog Archive Criminal Cases

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By Ali Fenno On November 23, 2016, the Fourth Circuit issued a published opinion in the criminal case of Rodriguez v. Bush. In Rodriguez, the Fourth Circuit addressed whether the failure of Nicanor Perez Rodriguez’s (“Rodriguez”) trial counsel, James Ervin (“Ervin”), to object to a trial judge’s rejection of Rodriguez’s plea agreement constituted “ineffective assistance […]

Tags: Criminal Law Criminal Procedure habeas corpus Ineffective Assistance of Counsel

27Mar

Fourth Circuit Reverses Dismissal of Prisoners’ Complaint for Mootness

Categories: 4th Cir. Blog Archive Civil Cases

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By John Van Swearingen On March 24, 2017, the Fourth Circuit issued a published opinion in the prisoner civil rights case Porter v. Clarke. Plaintiffs, originally four Virginia death row inmates, filed a complaint in the United States District Court for the Eastern District of Virginia alleging that the conditions of their confinement amounted to […]

Tags: Corrections Cruel and Unusual Punishment Death Row Eighth Amendment Fourth Circuit Inmates Mootness Prisoner Civil Rights Solitary Confinement Subject Matter Jurisdiction Summary Judgment Virginia Voluntary Cessation

22Mar

Fourth Circuit Reaffirms Contract Interpretation Principles in Collective Bargaining Agreement Between Retirees and Company

Categories: 4th Cir. Blog Archive Civil Cases

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By M. Allie Clayton Today, in the civil case of Barton v. Constellium Rolled Products-Ravenswood, LLC., a published opinion, the Fourth Circuit affirmed the District Court in granting summary judgment for the company. The court stated that the governing collective bargaining agreement did not provide for vested retiree health benefits, and thus the former employer […]

Tags: Civil Litigation Collective Bargaining Agreements Contracts Employment Law Health Benefits Labor Law Retiree Benefits Summary Judgment

21Mar

Fourth Circuit Vacates Grant of Summary Judgment Based Solely on Estimate of Damages

Categories: 4th Cir. Blog Archive Civil Cases

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By Kelsey Hyde On March 17, 2017, the Fourth Circuit published an opinion in the civil matter of Sharma v. USA International, vacating the district court’s grant of summary judgment and remanding for further proceedings. In departing from the lower court’s ruling, the Court found the U.S. District Court for the Eastern District of Virginia […]

Tags: Civil Procedure Damages Financial Fourth Circuit Fraud Misrepresentation Summary Judgment Virginia

20Mar

Fourth Circuit Affirms Grant of Summary Judgment in Social Media Dispute

Categories: 4th Cir. Blog Archive Civil Cases

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By: Kristina Wilson On Monday, March 20, 2017, the Fourth Circuit issued a published opinion in the civil case Grutzmacher v. Howard County. The Fourth Circuit affirmed the District Court for the District of Maryland’s grant of summary judgment in favor of the defendant, holding that the defendant’s termination of plaintiffs did not violate the […]

Tags: Constitutional Law First Amendment Free Speech Retaliation social media Summary Judgment

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