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Decided: April 30, 2014
The Fourth Circuit held that the district court correctly denied Colgate Palmolive Company’s (Colgate) motion for vacatur seeking to strike the order remanding the case to state court.
Two plaintiffs filed …
Decided: April 30, 2014
The Fourth Circuit vacated the Appellant’s conviction and sentence, and remanded the case because the district court violated the Appellant’s right to have a jury determine his guilt beyond a reasonable …
Decided: April 29, 2014
The Fourth Circuit held that the evidence was sufficient to support the defendant’s conviction; the district court’s sentencing enhancement for defendant’s use of a minor in the commission of a crime …
Decided: April 28, 2014
The Fourth Circuit held that, absent extraordinary circumstances, Chapter 7 trustees must be paid on a commission basis, as required by 11 U.S.C. § 330(a)(7). Thus, the Court reversed and remanded …
Decided: April 23, 2014
The Fourth Circuit affirmed Terry McVey’s seventy-eight-month sentence, holding that the district court did not clearly err when applying a two level sentencing enhancement to his distribution of child pornography conviction.…
Decided: April 17, 2014
The Fourth Circuit reversed the district court’s finding that a resulting trust severed the plaintiff’s legal and equitable interests in property. Thus, the Fourth Circuit stated that the district court’s judgment …
Decided: April 14, 2014
The Fourth Circuit held that the home-buyers were not entitled to recover damages for emotional distress based on SSA Security, Inc.’s (SSA), a security guard company, alleged conduct; that SSA was …
Decided: April 11, 2014
The Fourth Circuit affirmed the district court by finding that it did not abuse its discretion by imposing a 120-year sentence on a defendant convicted of production, possession, and transportation of …
Decided: April 3, 2014
The Fourth Circuit affirmed the district court’s decision by holding the following: (1) that the Loudoun County Board of Supervisors (Board) improperly denied T-Mobile Northeast’s, LLC, (T-Mobile) permit to build a …
Decided: March 31, 2014
The Fourth Circuit held that a provision in Baltimore County (the County), Maryland’s employee retirement benefit plan unlawfully discriminated against older County employees on the basis of age, in violation of …
Decided: April 3, 2014
The Fourth Circuit held that the district court acted properly by denying Kolon Industries’ (Kolon) recusal motion because of timeliness under 28 U.S.C. § 455(b). Further, the Fourth Circuit deferred to …
Decided: April 8, 2014
The Fourth Circuit held that Whiteside could use 28 U.S.C. § 2255 to challenge his erroneous “career offender enhancement” prison sentence under the United States Sentencing Guidelines (U.S.S.G.). The Court also …
Decided: March 27, 2014
The Fourth Circuit held that the Dickenson-Russell Coal Company (Dickenson Coal) had an unconditional duty—under Part 50 regulations to the Federal Mine Safety and Health Act of 1977, 30 C.F.R. § …
Decided: March 25, 2014
The Fourth Circuit affirmed the district court’s decision ordering the Equal Employment Opportunity Commission (“EEOC”) to pay attorneys’ fees to Propak Logistics, Inc. (“Propak”) because the EEOC acted unreasonably in filing …
Decided: March 17, 2014
The Fourth Circuit Court of Appeals denied in part and dismissed in part a Nicaraguan immigrant’s petition for review of the Board of Immigration’s finding that he was ineligible for cancellation …