Category: Civil Procedure

KERR v. MARSHALL UNIV. BD. OF GOVERNORS, NO. 15-1473

Decided: May 24, 2016 The Fourth Circuit affirmed the district court’s order granting Appellees’ motion to dismiss Kerr’s civil action pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). After practicing law for more than fifteen years, Kerr enrolled in Marshall University’s Master of Arts in Teaching (“MAT”) program...

GOINES v. VALLEY CMTY. SERVS. BD., NO. 15-1589

Decided: May 9, 2016 The Fourth Circuit affirmed in part, vacated in part, and remanded by the court for further proceedings. Gordon Goines was experiencing difficulties with his cable service. Goines was informed by the cable company that his neighbor was splicing into his cable service and that he should...

ANDREWS v. AM. LIVING CTRS., LLC, NO. 15-1658

Decided: June 28, 2016 The Fourth Circuit vacated, reversed, and remanded for further proceedings. In June 2010, Plaintiff, Stella Andrews, filed a lawsuit under the Fair Labor Standards Act (FLSA).  Defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(6) on July 29, 2010.  Andrews responded by stating she...