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 Court of Appeals affirmed the district court’s order granting, in part, the defendant’s motion for a sentence reduction under 18 U.S.C. § 3582(c)(2).
The Fourth Circuit affirmed the conviction of Okechukwo Ebo Otuya on one count of conspiracy to commit bank fraud, two counts of substantive bank fraud, and one count of aggravated identify …
Federal Deposit Insurance Corp. v. Cashion, No. 12-1588
Decided: June 19, 2013
The Fourth Circuit held that the United States District Court for the Western District of North Carolina properly granted summary judgment to the Federal Deposit Insurance Corporation (“FDIC”) in its action …
Chamber of Commerce of the United States v. National Labor Relations Board, No. 12-1757
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 …
The Fourth Circuit affirmed the District Court for the Eastern District of Virginia’s decision rejecting Baker’s motion to vacate, set aside, or correct his sentence on the ground that his counsel …
United States v. Marco Antrione Cherry, Jr., No. 12-4263
Decided June 13, 2013
The Fourth Circuit Court of Appeals affirmed the defendant’s convictions of various firearm and drug crimes. The court held that the Speedy Trial Act precludes dismissal of an untimely indictment when …
The Fourth Circuit affirmed Appellant Al Sabahi’s conviction on four courts for knowingly possessing firearms while unlawfully present in the United States, in violation of 18 U.S.C. §§ 922(g)(5)(a) and 924(a)(2). …
The Fourth Circuit denied Faisal Hashime’s petition for a hearing en banc. However, Judge Gregory wrote a concurring opinion to voice his support for revision of the Fourth Circuit’s Eighth Amendment …
The Fourth Circuit vacated and remanded the United States District Court for the Eastern District of Virginia’s decision to allow the government to forcibly medicate Chatmon in order to restore his …
The Fourth Circuit affirmed the district court’s ruling that a diversionary disposition, in which a court sentences a criminal defendant but does not formally enter judgment against him, is a predicate …
ABB Inc. v. CSX Transportation, Inc. and Transportation and Logistics Council, Inc., No. 12-1674
Decided June 7, 2013
The Fourth Circuit Court of Appeals reversed the portion of the district court’s judgment in favor of CSX Transportation Inc. (CSX) on its claimed liability limitation of $25,000. The court concluded …
The Fourth Circuit affirmed the judgment of the U.S. District Court for the Eastern District of Virginia and rejected Hasan’s challenges to his conviction of various offenses related to the trafficking …
American Petroleum Institute v. Cooper, No. 12-1078
Decided: June 6, 2013
The Fourth Circuit held that the federal Petroleum Marketing Practices Act (“PMPA”) and Energy Policy Act of 2005 (“Energy Policy Act” or “federal renewable fuel program”) did not preempt North Carolina’s …
Westmoreland Coal Company, Inc. v. Cochran, No. 11-1839
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”) …