The Fourth Circuit affirmed the district court’s judgment as a matter of law in favor of Prosperity Mortgage, and found that Prosperity Mortgage did not violate the Maryland Finder’s Fee Act.…
The Fourth Circuit held that the Defendant, Nutter, was not a “mortgage broker” under Maryland Finder’s Fee Act, Md. Code Ann. § 12-804(e), and so he could not be liable for …
IN RE: CONSTR. SUPERVISION SERVS., INC., NO. 13-1560
Decided: May 22, 2014
The Fourth Circuit, affirming the decisions of the bankruptcy and district courts, held that under North Carolina law, where a creditor subcontractor is entitled to a lien upon funds a third …
The Fourth Circuit vacated the district court’s denial of attorneys’ fees and expenses under the Equal Access to Justice Act (the “EAJA”). Under the EAJA, the prevailing party in litigation against …
Whiteman et al v. Chesapeake Appalachia, No. 12-1790
Decided: September 4, 2013
The Fourth Circuit Court of Appeals affirmed the district court’s grant of summary judgment to the defendant, Chesapeake Appalachia, L.L.C. (Chesapeake), upon the Whitemans’ claim for common law trespass. The court …
The Fourth Circuit held that the Town of Nags Head, North Carolina (“the town”) did not violate the due process or equal protection rights of the owners of six beachfront cottages …
The Fourth Circuit Court of Appeals reversed the district court’s grant of the defendant corporation’s motion to dismiss the plaintiff landowners’ nuisance action. The court held that the discovery rule articulated …
Scoggins v. Lee’s Crossing Homeowner’s Association, No. 11-2202, 11-2373
Decided May 17, 2013
The Fourth Circuit affirmed the district court’s denial of plaintiffs’ requested disability accommodation to their homeowners’ association policy (the HOA). The court also affirmed the district court’s denial of defendant’s request …
PCS Nitrogen Inc. v. Ashley II of Charleston, LLC, Nos. 11-1662, 11-2087, 11-2099, 11-2104, & 11-2297
Decided: April 4, 2013
The Fourth Circuit affirmed the District Court on all issues arising out of a dispute for cleanup of hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).
In Re: Total Realty Management Company, No. 11-2101
Decided: January 14, 2013
The bankruptcy trustee (the “Trustee’) for debtor Total Realty Management Company (“TRM”) appealed the district court’s dismissal of his adversary action against R.A. North Development, Inc. and R.A. North Development I, …