SEVERN PEANUT CO., INC. v. INDUSTRIAL FUMIGANT CO., NO. 15-1063
Decided: December 2, 2015
Industrial Fumigant Co. (Industrial) applied pesticide at Severn Peanut Co.’s (Severn) peanut storage dome, resulting in a fire and explosion. The Fourth Circuit found that Severn’s claim against Industrial for breach …
The Fourth Circuit affirmed the district court’s denial for the National Organization for Marriage (NOM) to collect attorneys’ fees because the government’s litigation position was “substantially justified” showing NOM was …
In a case about continuing or closing an immigration removal proceeding for petitioner Madiagne Diop to receive a mental health evaluation, the Fourth Circuit found no error in the Immigration Judge’s …
TOMMY DAVIS CONSTR., INC. v. CAPE FEAR PUB. UTIL. AUTH., NO. 14-1778
Decided: December 1, 2015
The Fourth Circuit affirmed the ruling of the district court.
Plaintiff, Tommy Davis Construction, Inc. (“Davis Construction”), while developing a residential subdivision named Becker Woods, arranged to have Aqua NC provide …
In a murder case, the Fourth Circuit found that the Supreme Court of Virginia considered the petitioner’s evidence, and did not make an unreasonable determination of facts under the Antiterrorism and …
The Fourth Circuit affirmed the ruling of the district court.
Industrial Carriers, Inc. (“ICI’) breached numerous contracts during its last few months of operation. Among those contracts breached were Plaintiffs, …
Rose Lorenzo (“Lorenzo”) was a “solutions specialist” at Prime Communications (“Prime”) and was then promoted to store manager. She brought an action against Prime alleging that …
The Fourth Circuit denied Hernandez-Zavala’s petition for review of the Board of Immigration Appeal’s (BIA’s) order affirming the Immigration Judge’s (IJ’s) pretermission of Hernandez-Zavala’s application for cancellation of removal.
The Fourth Circuit held that, in deciding whether a prior conviction qualifies as a predicate for federal sentence enhancement, the standard is what sentence might have been imposed for the prior …
The Fourth Circuit reversed and vacated the injunction.
Gavin Class (“Class”), who had been a member of the Towson University (“Towson”) football team, suffered heatstroke during practice, which resulted in numerous …
ASSOCIATED COAL CORP. v. DIR., OFFICE OF WORKERS’ COMPENSATION PROGRAMS, U.S. DEP’T OF LABOR. 14-1923
Decided: November 6, 2015
In a black lung benefits case, the Fourth Circuit found that the Administrative Law Judge’s (ALJ) decision applying the fifteen-year presumption to the claim did not reopen an earlier claim, and …