The Fourth Circuit Court of Appeals affirmed the district court’s dismissal of Mathur’s motion to vacate his guilty plea based on the Supreme Court’s 2010 decision in Kentucky v. Padilla. Mathur, …
ESAB Group, Inc. v. Zurich Insurance PLC, No. 11-1655
Decided: July 9, 2012
The court of appeals affirmed the lower court’s exercise of personal and subject matter jurisdiction, and it’s authority to remand the remaining nonarbitrable claims to state court.
In this appeal brought by eleven inmates in the custody of the Virginia Department of Corrections against members of the Virginia Parole Board (the “Board), the Fourth Circuit affirmed the district …
In this case, the Fourth Circuit affirmed summary judgment for the Defendant superintendents of a correctional facility on a claim that they had violated certain employees’ First Amendment rights. The court …
McCravy v. Metropolitan Life Insurance Co., No. 10-1074
Decided: July 5, 2012
Debbie McCravy appealed the district court’s holding that her remedies under ERISA § 1132(a)(3) were limited to premiums improperly withheld by MetLife. As a Bank of America employee, McCravy participated in …
A group of hourly-wage employees of Perdue Farms, Inc. (Perdue) filed a civil conspiracy action under 18 U.S.C. § 1962(d) of the Racketeer Influenced and Corrupt Organizations Act (RICO). The plaintiffs …
The Fourth Circuit Court of Appeals affirmed the conviction of G. Martin Wynn for mail and wire fraud related to his engineering services undertaken for Oconee County, South Carolina to extend …
Moss v. Spartanburg County School District Seven, No. 11-1448
Decided: June 28, 2012
Plaintiffs, the parents of two students and the Freedom From Religion Foundation, brought suit pursuant to 42 U.S.C. § 1983, alleging that one of the School District’s policies, which allows student …
The Government appealed the district court’s grant of William P. Danielczyk, Jr. and Eugene R. Biagi’s (“Appellees”) motion to dismiss count four and paragraph 10(b) of the indictment, alleging that they …
Jane Huggins, trading as SADISCO of Maryland, appealed the district court’s grant of summary judgment in favor of Prince George’s County and five County officials. In November 2001, SADISCO purchased a …
Greater Baltimore Center v. Mayor and City Council, Nos. 11-1111 and 11-1185
Decided: June 27, 2012
Archbishop Edward F. O’Brien, St. Brigid’s Roman Catholic Congregation, Inc., and the Greater Baltimore Center for Pregnancy Concerns, Inc. (“the Pregnancy Center”) sued the Mayor and City Council of Baltimore, challenging …
Centro Tepeyac v. Montgomery County, No. 11-1314 and No. 11-1336
Decided: June 27, 2012
Plaintiff, Centro Tepeyac (“Tepeyac”), a nonprofit corporation that provides pregnancy services but does not refer for or provide abortions, sought a declaratory judgment that Montgomery County Resolution No. 16-1252 (“the resolution”) …
Kensington Volunteer Fire v. Montgomery County, No. 11-1659
Decided: June 27, 2012
The Fourth Circuit affirmed the district court’s dismissal of a complaint brought by a group of local fire and rescue departments (“LFRDs”) and former administrative employees against Montgomery County, Maryland, the …
Wheeling Hospital, Inc. v. Health Plan of the Upper Ohio Valley, Inc., No. 11-1694
Decided: June 27, 2012
A putative class of plaintiffs which included hospitals, physician practice groups, and individual physicians brought a breach of contract action against, inter alia, the Health Plan of the Upper Ohio Valley …
On appeal, Sean C. Sowards argued that the district court erred in denying his motion to suppress because the police lacked probable cause to initiate a traffic stop based exclusively on …