The Fourth Circuit affirmed the judgment of the Department of Labor (“DOL”) Benefits Review Board (the “Board”) awarding automatic survivors’ benefits to miners’ dependents when the miner, at the time of …
The Fourth Circuit held that the District Court for the Western District of North Carolina failed to properly analyze the Appellant’s claims under the First Amendment standing framework and therefore vacated …
Carpenters Pension Fund of Baltimore, Maryland v. Maryland Department of Health and Mental Hygiene, 12-1480
Decided: June 26, 2013
The Fourth Circuit Court of Appeals reversed and remanded with instructions to quash the writ of garnishment filed by the Carpenters Pension Fund of Baltimore, Maryland (“the Fund”) against the Maryland …
The Fourth Circuit, holding that the doctrine of res judicata did not bar the Plaintiffs from pursing their claims under the Foreign Sovereign Immunities Act (the “FSIA”), reversed and remanded the …
The Fourth Circuit held that the United States District Court for the Eastern District of Virginia properly stayed the appellants’ action in light of a parallel state lawsuit filed earlier by …
Libertarian Party of Virginia v. Judd, No. 12-1996
Decided: May 29, 2013
Affirming the District Court for the Eastern District of Virginia, the Fourth Circuit held that petitioners had standing to challenge the constitutionality of a residency requirement for petitions and also held …
The Fourth Circuit affirmed the district court’s dismissal of a complaint against four banks located outside the United States for lack of personal jurisdiction.
Reversing and remanding the decision of the United States District Court for the District of Maryland, the Fourth Circuit Court of Appeals held that the district court erred in failing to …
The Country Vintner of North Carolina, LLC v. E. & J. Gallo Winery, Inc., No. 12-2074
Decided: April 29, 2013
Affirming the United States District Court for the Eastern District of North Carolina, the Fourth Circuit held that the federal taxation-of-costs statute, 28 U.S.C. § 1920, allowed E. & J. Gallo …
South Carolina Department of Education v. Duncan, No. 12-1764
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 …
Affirming the United States District Court for the Eastern District of Virginia, the Fourth Circuit held that it did not have subject-matter jurisdiction to review the National Geospatial-Intelligence Agency’s (“NGA”) security …
Village of Bald Head Island v. U.S. Army Corps of Engineers, No. 11-2368
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”) …
Jane Doe v. Virginia Department of State Police, No. 11-1841
Decided April 12, 2013
The Fourth Circuit Court of Appeals affirmed the district court’s dismissal of the plaintiff’s claims challenging sections 9.1–900 et seq. and 18.2-370.5 of the Virginia Code, as well as the policy …
Mayo v. Board of Education of Prince George’s County, No. 11-1816, No. 11-2037
Decided: April 11, 2013
The Fourth Circuit affirmed the decision of the district court and held that (1) the employees’ union had adequately consented to the notice of removal of the action to federal court; …
Washington Gas Light Co. v. Prince George’s County, No. 12-1443
Decided: March 25, 2013
The Fourth Circuit Court of Appeals affirmed the district court’s dismissal of Washington Gas Light Company’s (Washington Gas) claim and grant of summary judgment in favor of Prince George’s County (the …