The Fourth Circuit affirmed the district court’s decision to grant the Defendant summary judgment on the basis of qualified immunity and to deny Plaintiff’s request for injunctive relief.
The Fourth Circuit reversed and remanded the district court’s decision to deny dismissal of a trustee’s complaint because the trustee’s complaint was filed sixty-nine days after the creditors’ meeting, as opposed …
The Fourth Circuit held that defendant’s collateral appeal, based on §2225 allegations, did not state a claim of error that sufficiently fulfilled the high standards required in §2225, and affirmed …
The Fourth Circuit held that the imposition of all expenses in an ex parte proceeding, regardless of whether a plaintiff wins or loses, does not involve “fee shifting” that would implicate …
The Fourth Circuit held that a federal trial court’s order granting habeas corpus based on a claim of ineffective assistance of counsel must be vacated and the petition remanded for dismissal.…
FREIGHT DRIVERS & HELPERS LOCAL UNION NO. 557 PENSION FUND v. PENSKE LOGISTICS LLC, NO. 14-1464
Decided: April 21, 2015
The Fourth Circuit held that bringing an action by filing a complaint, rather than filing an application by motion under the Federal Arbitration Act, is the proper way for a party …
Ashton LeBlanc petitioned for a review of the denial of his motion to reopen the denial of an I-130 petition filed on behalf of his son, Robert LeBlanc. The court dismissed …
DAN RYAN BUILDERS, INC. v. CRYSTAL RIDGE DEV., INC., NO. 13-2234
Decided: April 20, 2015
The Fourth Circuit affirmed the ruling of the district court to dismiss plaintiff’s tort claim seeking additional damages because plaintiff rested his claim solely on a breach of contract without alleging …
The Fourth Circuit held that Virginia’s state habeas court incorrectly applied the Strickland standard because they did not find prejudice in a lack of a heat of passion jury instruction, and …
The Fourth Circuit held that North Carolina’s second-degree kidnapping statute constituted a “crime of violence” so as to justify a 16-level sentence enhancement pursuant to United States Sentencing Guidelines §2L1.2(b)(1)(A)(ii) for …
The Fourth Circuit held that 8 U.S.C. § 1229b(b)(1)(C) applies to both legal aliens and illegal aliens, and renders both ineligible for cancellation of removal from the United States when they …
The Fourth Circuit affirmed the district court’s conclusion that Young did not establish a prima facie case of pregnancy discrimination against her employer, United Parcel Service (“UPS”).
This is an appeal from a jury trial convicting the defendants of murder. Beyle and Abrar were Somali pirates who were part of a group that raided an American ship and …
The Fourth Circuit affirmed the ruling of the district court to grant SSA Security, Inc. summary judgment on the Homeowners’ negligence-based claims and under Md. Code Ann. § 19-501 (“Maryland Security …
The Fourth Circuit held that the Department of Labor acted within its regulatory authority in requiring the operators of coal mines to show, in the case of miners who meet the …