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Decided: July 3, 2014
The Fourth Circuit held that the district court erred in denying the defendants’, employees at a federal detention center, motion for summary judgment based on qualified immunity.
After he was assaulted …
Decided: July 1, 2014
The Fourth Circuit vacated the district court’s dismissal order and remanded the case to state court for failure to state a federal question sufficient for removal and federal jurisdiction. See 28 …
Decided: July 25, 2014
The Fourth Circuit denied Nucor’s petition for interlocutory review of the district court’s refusal to decertify a class in a class action lawsuit as untimely.
The Fourth Circuit previously vacated and …
Decided: July 28, 2014
The Fourth Circuit held that Railworks could not recover a premium payment transfer under 11 U.S.C. § 550, nor avoid the transfer under 11 U.S.C. § 547, following a Chapter 11 …
Decided: May 13, 2014
The Fourth Circuit held that the U.S. Supreme Court’s decision in Boumediene v. Bush, 553 U.S. 723 (2008), did not strike down 28 U.S.C. § 2241(e)(2), and that § 2241(e)(2) was …
Decided: July 1, 2014
The Fourth Circuit held that: (1) Seignious failed to show prejudice because the district court failed to follow the various procedures that 18 U.S.C. § 3664(a)–(d) required; (2) Seignious was not …
Decided: July 28, 2014
The Fourth Circuit affirmed the district court and held as unconstitutional Virginia’s statutes and constitutional amendments that prohibit (1) same-sex marriage in Virginia and (2) state recognition of same-sex marriages performed …
Decided: July 25, 2014
The Fourth Circuit affirmed the district court, and held that the National Heritage Foundation (“NHF”) failed to demonstrate exceptional circumstances to justify the enforcement of the Release Provision in its Chapter …
Decided: July 25, 2014
The Fourth Circuit affirmed the Appellant’s sentence enhancement based on the district court’s finding that he illegally reentered the country after his prior conviction for felony drug trafficking in North Carolina …
Decided: July 22, 2014
The Fourth Circuit affirmed the district court, and held that the applicable Affordable Care Act (the “ACA”) statutory language is ambiguous and subject to multiple interpretations; applying deference to the IRS’s …
Decided: July 21, 2014
The Fourth Circuit affirmed the district court’s judgment as to Officers Ojaniit and Esposito, and dismissed the appeal as to Officer Ledford.
The Appellant initiated a civil action against officers of …
Decided: July 18, 2014
In Cordova v. Holder, the Fourth Circuit granted Cordova’s petition for review, and remanded the case to the Board of Immigration Appeals (“BIA”) for further proceedings after concluding that the BIA …
Decided: July 14, 2014
The Fourth Circuit affirmed the district court, and held that McQuiggin v. Perkins does not extend to cases in which a movant asserts actual innocence from his sentence, rather than from …
Decided: July 14, 2014
The Fourth Circuit affirmed the district court’s denial of Chesapeake Bay Foundation’s, Incorporated (“CBF”), untimely motion to intervene as a defendant.
Plaintiff sued the Environmental Protection Agency (“EPA”) seeking declaratory relief …
Decided: July 11, 2014
In Lefemine v. Wideman, the Fourth Circuit held that the district court erred, and that Appellant was entitled to attorney’s fees he incurred in connection with his civil lawsuit against various …