The Fourth Circuit, finding that (1) the lower courts applied the correct legal principles relevant to evaluating defendant’s good-faith affirmative defense and (2) the lower courts did not clearly err in …
CLEAR SKY CAR WASH LLC V. CITY OF CHESAPEAKE, NO. 13-1492
Decided: February 21, 2014
The Fourth Circuit held that the United States District Court for the Eastern District of Virginia properly dismissed Clear Sky Car Wash LLC’s (Clear Sky) complaint against the City of Chesapeake …
MILLENNIUM INORGANIC CHEMICALS, LTD. V. NAT’L UNION FIRE INS., NO. 13-1194
Decided: February 20, 2014
The Fourth Circuit held that the term “direct,” as used in the two commercial liability insurance policies at issue, was not ambiguous and, therefore, reversed and remanded the case to the …
AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA V. TATA, NO. 13-1030
Decided: February 11, 2014
The Fourth Circuit held that the First Amendment prohibited North Carolina from allowing its drivers to purchase “Choose Life” license plates while refusing to offer a pro-choice alternative.
The Fourth Circuit Court of Appeals affirmed the defendant’s conviction for various charges related to credit and debit card fraud. The Fourth Circuit rejected the defendant’s arguments that the district court: …
On petition for review, the Fourth Circuit held that (1) the Board of Immigration Appeals’ (BIA) decision to deny Jin Xiu Li’s (Li) and Ai Hua Chen’s (Chen) (collectively, the petitioners) …
The Fourth Circuit Court of Appeals affirmed the district court’s judgment charging Megan Hanson Mosteller (“Mosteller”) with theft of government funds. The Fourth Circuit held that although Mosteller’s attempt to waiver …
The Fourth Circuit, finding that the Government failed to establish by clear and convincing evidence that Bryan Neil Antone (“Antone”) is a sexually dangerous person subject to civil commitment, reversed and …
UNITED STATES OF AMERICA V. HASSAN, NOS. 12-4601; 12-4603; 12-4607
Decided: February 4, 2014
Three defendants, Omar Hassan, Ziyad Yahi and Hysen Sherifi (collectively “Defendants”) were tried jointly in the Eastern District of North Carolina and convicted of several offenses arising from terrorist activities. After …
The Fourth Circuit held that (1) the Red Onion State Prison’s (ROSP) decision to abandon its policy of requiring prisoners to present physical indicia of Islamic faith to qualify for special …
DANA CLARK V. ABSOLUTE COLLECTION SERVICE, NO. 13-1151
Decided: January 31, 2014
The Fourth Circuit, finding that 15 U.S.C. § 1692g(a)(3) permits consumers to orally dispute the validity of a debt, vacated the district court’s order dismissing the plaintiff’s complaint and remanded for …
Plaintiff, Marie McCray worked for the Maryland Transit Administration (“MTA”), a division of the Maryland Department of Transportation (“MDOT”) for nearly forty years before her position was eliminated due to budget …
The Fourth Circuit Court of Appeals affirmed the defendant’s conviction for attempting to export small-arms ammunition to Jordan without a license. The Fourth Circuit held that there was sufficient evidence to …
The Fourth Circuit held that the United States District Court for the District of Maryland did not abuse its discretion by denying Shirley Gross’s (Gross) request to amend her complaint, and …
The Fourth Circuit Court of Appeals held that the district court correctly found defendant’s plea of nolo contendere with adjudication constituted a conviction for the purposes of the Sex Offender Registration …