The Equal Employment Opportunity Commission (EEOC) appealed from the denial of judicial enforcement of an administrative subpoena served in the course of investigating charges brought against Randstad. The Court of Appeals …
In this case, the court assessed whether or not a state burglary statute “substantially correspond[ed]” to the generic definition of burglary outlined by the Supreme Court in Taylor v. United States, …
The Fourth Circuit Court of Appeals held that the district court did not err in deciding that Sean R. Francis was not a “sexually dangerous person” within the meaning of 18 …
Webster v. United States Dept. of Agric., No. 11-1739
Decided: July 13, 2012
Appellants filed suit challenging the United States Department of Agriculture’s (USDA) decision to construct a dam as part of a larger project along the Lost River Subwatershed. Appellants alleged that the …
This case involved a criminal defendant’s appeal of his 100-month sentence and special conditions imposed on his supervised release. The Fourth Circuit affirmed the 100-month sentence, reversed the district court’s imposition …
In this case, the Fourth Circuit held that a federal prisoner’s possession of a “shank” constituted a crime of violence under the career offender provision of the U.S. Sentencing Guidelines, thus …
On appeal, Albert C. Burgess, Jr., challenges his convictions and sentences for two felonies involving the receipt and possession of child pornography, as well as an award of restitution for losses …
Johnson (“the Debtor”) filed a voluntary petition for Chapter 13 bankruptcy in September 2010. The Debtor and her ex-husband (“the Creditor”) share joint custody of two minor sons. The sons …
The Fourth Circuit Court of Appeals affirmed the district court’s dismissal of Mathur’s motion to vacate his guilty plea based on the Supreme Court’s 2010 decision in Kentucky v. Padilla. Mathur, …
ESAB Group, Inc. v. Zurich Insurance PLC, No. 11-1655
Decided: July 9, 2012
The court of appeals affirmed the lower court’s exercise of personal and subject matter jurisdiction, and it’s authority to remand the remaining nonarbitrable claims to state court.
In this appeal brought by eleven inmates in the custody of the Virginia Department of Corrections against members of the Virginia Parole Board (the “Board), the Fourth Circuit affirmed the district …
In this case, the Fourth Circuit affirmed summary judgment for the Defendant superintendents of a correctional facility on a claim that they had violated certain employees’ First Amendment rights. The court …
McCravy v. Metropolitan Life Insurance Co., No. 10-1074
Decided: July 5, 2012
Debbie McCravy appealed the district court’s holding that her remedies under ERISA § 1132(a)(3) were limited to premiums improperly withheld by MetLife. As a Bank of America employee, McCravy participated in …
A group of hourly-wage employees of Perdue Farms, Inc. (Perdue) filed a civil conspiracy action under 18 U.S.C. § 1962(d) of the Racketeer Influenced and Corrupt Organizations Act (RICO). The plaintiffs …
The Fourth Circuit Court of Appeals affirmed the conviction of G. Martin Wynn for mail and wire fraud related to his engineering services undertaken for Oconee County, South Carolina to extend …