U.S. v. SPAN, NO. 14-4655
Decided: June 8, 2015
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 …
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Decided: June 8, 2015
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 …
Decided: June 8, 2015
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 …
Decided: June 3, 2015
The Fourth Circuit affirmed a North Carolina district court’s grant of a motion requesting that the court declare that Defendant’s school district is unitary in compliance with desegregation orders. This case …
Decided: June 2, 2015
The Fourth Circuit granted the petition for review and remanded the case to the Benefits Review Board to enter an order dismissing Eason’s claim for temporary partial disability under the Longshore …
Decided: May 29, 2015
The Fourth Circuit held that the district court impermissibly denied appellants’ renewed motions to compel arbitration, vacated the order denying the renewed motions and remanded for further proceedings.
This case stemmed …
Decided: May 27, 2015
The Fourth Circuit held that the thirteen citizens of Wake County, North Carolina (“Plaintiffs”) stated a claim upon which relief could be granted when they sued the State of North Carolina …
Decided: May 21, 2015
The Fourth Circuit reversed in part the district court’s ruling to grant the University of Maryland-Eastern Shore (“the University”) summary judgment on Foster’s retaliation claim because a reasonable jury could conclude …
Decided: May 21, 2015
The Fourth Circuit held that Blake reasonably believed that he had exhausted his administrative remedies as required under the Prison Litigation Reform Act (PLRA), and reversed and remanded for further proceedings. …
Decided: May 20, 2015
The Fourth Circuit held that a defendant’s prior drug convictions increased the extent to which a defendant’s marijuana offenses during supervised release were punishable under 21 U.S.C. § 844(a).
This appeal …
Decided: May 19, 2015
The Fourth Circuit affirmed a North Carolina district court’s denial of summary judgment to correctional officers implicated in a Section 1983 excessive force claim.
The 1983 claim arose from Ussery’s forcible …
Decided: May 19, 2015
The Fourth Circuit held that The Radiance Foundation (“Radiance”) neither infringed upon, nor diluted through tarnishment, the National Association for the Advancement of Colored People’s (“NAACP”) trademarks when Radiance authored an …
Decided: May 14, 2015
The Fourth Circuit held that the statutory maximum term of imprisonment set by Congress, not the top sentence in the Sentencing Guidelines range, is determinative of whether a defendant committed a …
Decided: May 11, 2015
The Fourth Circuit reversed and remanded the district court’s ruling because it abused its discretion in excluding evidence that was reasonably necessary for the government to make its case regarding the …
Decided: May 11, 2015
The Fourth Circuit vacated a South Carolina district court’s decertification order of a class of black steel workers who allege endemic racial discrimination at a South Carolina plant owned by Nucor …
Decided: May 5, 2015
The Fourth Circuit reversed the grant of summary judgment to the Underwriters and remanded the case to the district court to determine whether the answers Dr. Cohen supplied on the policy …