The Fourth Circuit affirmed the district court’s award of summary judgment to Defendant, Lessard Inc., on the basis that no reasonable jury could find that the two apartment designs at issue …
The Fourth Circuit determined that marketing statements that accurately describe the findings of duly qualified and reasonable scientific experts are not literally false; and therefore, there was no violation of consumer …
DESIGN RES., INC. v. LEATHER IND. OF AMERICA, NO. 14-1990
Decided: June 18, 2015
The Fourth Circuit held that Design Resources, Inc. (DRI) failed to show that Defendants made false or misleading descriptions or representations of facts in commercial advertising about DRI’s leather-like product. On …
S.C. COASTAL CONSERVATION LEAGUE v. U.S. ARMY CORPS OF ENGINEERS, NO. 14-1796
Decided: June 17, 2015
The Fourth Circuit affirmed the district court’s dismissal of the action as moot because Plaintiff failed to offer additional basis for standing, and also denied Plaintiff motion seeking leave to amend …
ADAMS v. ANNE ARUNDEL CNTY. PUB. SCHS., NO. 14-1608
Decided: June 15, 2015
The Fourth Circuit affirmed the judgment of the district court determining that there was no merit to the plaintiff’s claims of the defendant violating his rights under the Family and Medical …
The Fourth Circuit held that genuine issues of material fact remained with respect to (1) whether Reyazuddin could perform the essential functions of a call center employee, (2) whether the County …
The Fourth Circuit denied Defendants’ appeal from the district court’s denial of summary judgment, holding that the Plaintiff officers spoke out on corruption as citizens and were therefore protected by the …
The Fourth Circuit vacated and remanded the lower court opinion, holding that a defendant’s prior conviction in North Carolina for second-degree rape was not automatically a crime of violence under sentencing …
CAPITAL CITY REAL ESTATE, LLC v. CERTAIN UNDERWRITERS AT LLOYD’S LONDON, NO. 14-1239
Decided: June 10, 2015
The Fourth Circuit vacated and remanded the lower court, finding that a general contractor is covered where the subcontractor, as the named insured, was partially negligent and that the allegations in …
The Fourth Circuit held that the Board of Immigration Appeals (BIA) erred as a matter of law in concluding that Petitioner’s conviction of child abuse qualified as an aggravated felony, and …
The Fourth Circuit upheld the District Court’s revocation of Defendant’s two current terms of supervised release and sentence of consecutive terms of imprisonment, followed by new concurrent terms of supervised release. …
The Fourth Circuit held that the Government failed to prove by a preponderance of the evidence that the Defendant’s prior felonies were separate and distinct criminal episodes for the purposes of …
The Fourth Circuit held that the Plaintiffs had both statutory and Article III of the U.S. Constitution standing, and that the Plaintiffs claim was not time-barred. Consequently, the Court reversed and …