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Decided: October 21, 2013
The Fourth Circuit held that, because prisoner James G. Blakely (Blakely) previously brought more than three federal lawsuits that were expressly dismissed at summary judgment as frivolous, malicious, or for failure …
Decided: October 30, 2013
The Fourth Circuit found that the district court improperly calculated William McManus’s (“McManus”) applicable Sentencing Guideline range and therefore vacated the sentence and remanded for resentencing.
Gigatribe is a file-sharing computer …
Decided: October 30, 2013
The Fourth Circuit dismissed a complaint for lack of subject matter jurisdiction finding that, absent a federal tariff, federal courts have no subject matter jurisdiction over a motor carrier’s breach of …
Decided: October 29, 2013
The Fourth Circuit reversed Faisal Hashime’s convictions on multiple counts related to child pornography and remanded the case for further proceedings because law-enforcement agents did not read Hashime his Miranda rights …
Decided: October 29, 2013
On appeal, the Fourth Circuit Court of Appeals held that the district court did not err in its application of Listing 1.04A, the Social Security Administration regulation identifying disorders of the …
Decided: October 29, 2013
In a case of first impression, the Fourth Circuit held that the Fleuti doctrine did not survive the Illegal Immigration Reform and Immigrant Responsibility Act’s (“IIRIRA”) enactment of 8 U.S.C. § …
Decided: October 28, 2013
The Fourth Circuit held that a Chapter 13 bankruptcy debtor’s estate includes the debtor’s inheritance of property beyond the 180-day time limit under Bankruptcy Code § 541 but before the close, …
Decided: October 23, 2013
The Fourth Circuit held that the bankruptcy court correctly determined that it lacked the authority to “strip off” the debtor’s valueless lien because only the debtor’s interest in the estate was …
Decided: October 23, 2013
The Fourth Circuit Court of Appeals reversed and remanded the district court’s dismissal of plaintiffs’ Commerce Clause claim against the state of Virginia, for hindering the plaintiffs from opening facilities in …
Decided: October 16, 2013
The Fourth Circuit denied Baltazar Olea Garcia’s petition for review of an order by the Board of Immigration Appeals (“BIA”) that rejected his application for cancellation of removal on the ground …
Decided: October 16, 2013
The Fourth Circuit denied Svetlana Kuusk’s untimely petition for review of a removal order by the Board of Immigration Appeals (“BIA”).
Svetlana Kuusk entered the United States in 2003 on a …
Decided: October 16, 2013
The Fourth Circuit Court of Appeals reversed the district court’s denial of female employees’ (“Appellants”) motion to amend their complaint, in their sex discrimination and equal pay action against Family Dollar …
Decided: October 16, 2013
The Fourth Circuit, finding that Officer Roehrig had a reasonable suspicion that Decarlos George (“George”) was armed and dangerous, held that the protective frisk did not violate George’s Fourth Amendment rights …
Decided: September 26, 2013
Holding that the Appellant Anthony Dash (“Dash”) was not entitled to damages under 17 U.S.C. § 504(b), the Fourth Circuit affirmed the district court’s grant of summary judgment in favor of …
Decided: September 25, 2013
The Fourth Circuit held that a Virginia regulation preventing the printing of alcohol advertisements violated the First Amendment as applied to college student newspapers.
The Virginia Alcoholic Beverage Control Board (the …