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Decided: December 14, 2012
Ashland Facility Operations, LLC, a nursing facility near Richmond, Virginia, petitioned the Fourth Circuit to review an order by the National Labor Relations Board that required Ashland Facility to negotiate with …
Decided: December 13, 2012
The Fourth Circuit Court of Appeals vacated the judgment of the district court ruling that the defendant’s previous state conviction of a criminal threat was a “prior crime of violence,” justifying …
Decided: December 13, 2012
On appeal, Phillip A. Hamilton challenged his conviction for federal program bribery and extortion under color of official right. Hamilton also challenged his sentence of 114 months’ imprisonment. The Court of …
Decided: December 13, 2012
The Fourth Circuit Court of Appeals vacated the convictions of Jimmy and Jacqueline Hilton because the identity theft statutes they were convicted under are fatally ambiguous. The court affirmed Tamatha Hilton’s …
Decided: December 12, 2012
The Fourth Circuit affirmed Hargrove’s sixty-month sentence for selling an animal for purposes of having the animal participate in an animal fighting venture in violation of 7 U.S.C. § 2156. Although …
Decided: December 7, 2012
The Fourth Circuit Court of Appeals affirmed the district court’s award of summary judgment in favor of the American Red Cross Greenbrier Valley Chapter, vacated the district court’s ruling that the …
Decided: December 6, 2012
The government appealed the judgment of the district court directing that Patrick Caporale be granted supervised release from the custody of the Bureau of Prisons. The appellate court affirmed the district …
Decided: December 6, 2012
In this case, Defendant Daniel J. Brown appealed his conviction and sentence in the Western District of Virginia for a child pornography offense. Specifically, Brown argued that the district court erred …
Decided: December 4, 2012
In February 2011, federal prosecutors charged the Defendant, Nicholas Gonzales-Flores, with running a methamphetamine distribution scheme and being an illegal-alien in possession of a firearm that had traveled in interstate commerce. …
Decided: November 30, 2012
The Fourth Circuit Court of Appeals reversed the district court’s ruling that employer contribution funds in an Employment Retirement Savings Income Act (“ERISA”) health plan should be returned due to a …
Decided: November 30, 2012
Jonathan Blitz, his wife Marla Tuchinsky, and their minor child EB (“Plaintiffs”) challenged the district court’s dismissal of their complaint for lack of subject matter jurisdiction. The Plaintiffs’ complaint challenged the …
Decided: November 29, 2012
The Fourth Circuit Court of Appeals affirmed the judgment of the district court sentencing Day to 105 years in prison in addition to fines, forfeitures, and restitution. Day was convicted of …
Decided: November 29, 2012
The Fourth Circuit affirmed the district court’s denial of a motion to suppress evidence obtained from a dog sniff search of a vehicle. The court concluded reasonable suspicion of criminal activity …
Decided: November 28, 2012
Santander Consumer USA (“Santander”) appealed from the district court’s order denying its motion to compel arbitration and stay court proceedings of Antonia Rota-McLarty’s (“Rota-McLarty”) claims against it. The Fourth Circuit, after …
Decided: November 21, 2012
The Fourth Circuit Court of Appeals held that the Surface Transportation Board’s (“STB”) denial of the Maryland Transit Administration’s (“MTA”) would not be overturned under the arbitrary and capricious standard.
MTA …