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Decided: January 24, 2014
The Fourth Circuit, “[c]onstrained by the standard of review,” held that the Federal Energy Regulatory Commission (“FERC”) properly exercised its discretion in declining to grant the North Carolina Utilities Commission (“NCUC”) …
Decided: November 20, 2013
The Fourth Circuit = affirmed the district court’s grant of summary judgment in favor of the defendant, the United States Coast Guard (“USCG”), in a personal injury and wrongful death action. …
Decided: November 20, 2013
The Fourth Circuit held that (1) there is no clear statement of Congressional intent in the Fair and Equitable Tobacco Reform Act (FETRA), 7 U.S.C. §§ 518 et seq., regarding the …
Decided: October 29, 2013
On appeal, the Fourth Circuit Court of Appeals held that the district court did not err in its application of Listing 1.04A, the Social Security Administration regulation identifying disorders of the …
Decided: October 23, 2013
The Fourth Circuit Court of Appeals reversed and remanded the district court’s dismissal of plaintiffs’ Commerce Clause claim against the state of Virginia, for hindering the plaintiffs from opening facilities in …
Decided: August 27, 2013
The Fourth Circuit found that, although the claims asserted involve a sensitive area of North Carolina public policy, resolving them would not be sufficiently disruptive of that policy to warrant abstention …
Decided: July 22, 2013
The Fourth Circuit held that the district court lacked subject matter jurisdiction to consider a petition brought by a detained ship and its owner for release because the United States Coast …
Decided: July 19, 2013
The Fourth Circuit reversed Defendant Joe Lanning’s (“Defendant”) conviction and remanded for a judgment of acquittal as a result of his involvement in a sting operation targeting gay men. The Defendant …
Decided: July 5, 2013
The Fourth Circuit affirmed the judgment of the Secretary of the U.S. Department of Housing and Urban Development (“HUD”) and rejected Corey’s challenges to the Secretary’s order, which found him in …
Date Decided: June 14, 2013
The Fourth Circuit affirmed the district court’s ruling that a rule promulgated by the National Labor Relations Board (the “NLRB”) requiring employers to notify employees of their rights under the …
Decided: June 4, 2013
The Fourth Circuit affirmed the Administrative Law Judge’s (“ALJ”) decision to award black lung benefits under the Black Lung Benefits Act (the “Act”) to Cochran, a former Westmoreland Coal Company (“Westmoreland”) …
Decided: May 10, 2013
The Fourth Circuit dismissed an appeal of a preliminary injunction granted by the United States District Court for the Eastern District of North Carolina against the Piedmont Behavioral Healthcare (“PBH”) and …
May 2, 2013
Reversing the District Court for the Eastern District of Virginia, the Fourth Circuit held that administrative remedies had been constructively exhausted under the Freedom of Information Act (FOIA) when the Drug Enforcement …
Decided: April 26, 2013
The Fourth Circuit granted South Carolina’s petition for review and remanded the case to allow the Secretary of the U.S. Department of Education (“USDOE”) to provide South Carolina with notice and …
Decided: April 15, 2013
The Fourth Circuit affirmed the district court’s dismissal of plaintiffs’ complaint under the Administrative Procedures Act (APA) for lack of subject matter jurisdiction because the U.S. Army Corps of Engineers (“Corps”) …