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Decided: December 3, 2013
The Fourth Circuit held that the bankruptcy court reasonably exercised its discretion in balancing the interests of licensees with the interests of the debtor and found that application of Section 365(n) …
Decided: November 26, 2013
The Fourth Circuit vacated appellant, Fabian Montes-Flores’, 46-month sentence, finding that the district court erroneously applied the modified categorical approach to determine that appellant’s prior conviction for assault and battery of …
Decided: November 22, 2013
The Fourth Circuit affirmed the district court’s judgment in favor of the plaintiff on the liability aspect of the negligence claim, but remanded for further proceedings with respect to damages.
Darryl …
Decided: November 20, 2013
The Fourth Circuit vacated the district court’s denial of attorneys’ fees and expenses under the Equal Access to Justice Act (the “EAJA”). Under the EAJA, the prevailing party in litigation against …
Decided: November 20, 2013
The Fourth Circuit = affirmed the district court’s grant of summary judgment in favor of the defendant, the United States Coast Guard (“USCG”), in a personal injury and wrongful death action. …
Decided: November 20, 2013
The Fourth Circuit held that (1) there is no clear statement of Congressional intent in the Fair and Equitable Tobacco Reform Act (FETRA), 7 U.S.C. §§ 518 et seq., regarding the …
Decided: November 20, 2013
The Fourth Circuit affirmed the district court, holding that, under North Carolina law, the plaintiff’s negligence claim failed because she was unable to establish that the Army owed her a duty, …
Decided: November 15, 2013
The Fourth Circuit held that “for purposes of the nominal party exception to the rule of unanimity governing removal,” contractor G.R. Hammonds, Inc. (Hammonds) was a nominal party in a contribution …
Decided: November 14, 2013
Addressing appeals by thirteen individuals involved in conspiracy to traffic khat, a leafy plant containing the controlled substance cathinone, the Fourth Circuit affirmed the district court’s rulings as to all challenges.…
Date Decided: November 13, 2013
In Miller v. Alabama, the Supreme Court held that the Eighth Amendment prohibits life imprisonment without possibility of parole for juvenile offenders. Criminal defendant, Jimmy Hunter claimed that Miller similarly …
Decided November 12, 2013
The Fourth Circuit vacated the district court’s judgment and remanded for further proceedings. The Court concluded that language in a disability benefit plan provided by an employer was ambiguous and, therefore, …
Decided: November 5, 2013
The Fourth Circuit held that the United States District Court for the Eastern District of Virginia did not abuse its discretion by dismissing Project Management Company’s (PMC) case against DynCorp International …
Decided: November 5, 2013
The Fourth Circuit affirmed the district court’s grant of summary judgment against Mary Johnson (“Mrs. Johnson”) and her husband, Ford Johnson (“Mr. Johnson”), individually, to reduce to judgment the remaining balance …
Decided: November 1, 2013
The Fourth Circuit upheld the constitutionality of § 1997e(d)(2) of the Prison Litigation Reform Act of 1995 that caps attorneys’ fee award that a successful prisoner litigant may recover from the …
Decided: November 1, 2013
The Fourth Circuit affirmed the defendant’s sentence for drug distribution. The Court held that the district court’s use of multiple hearsay evidence to calculate the defendant’s drug quantity did not render …