Fourth Circuit Surveys

Decided: October 29, 2014

The Fourth Circuit reversed the Board of Immigration’s (“BIA”) decision to deny Xing Yang (“Yang”) relief from deportation. The Court held that the BIA erred by excluding evidence, and applied an …

Decided: October 22, 2014

The Fourth Circuit affirmed Jay Briley’s (“Briley”) conviction on two felony counts and one misdemeanor count of violating 18 U.S.C. § 111(a) by causing injury to Federal Park Officers (“Officers”) during …

Decided: October 15, 2014

The Fourth Circuit upheld Defendant’s (“Catone”) conviction for making a false statement in connection with his receipt of federal worker’s compensation benefits, but vacated his sentence and the restitution order, and …

Decided: October 8, 2014

The Fourth Circuit held that the “recess session” appointment of a National Labor Relations Board (“NLRB”) member was valid under the U.S. Constitution. The Court also held that the General Counsel …

Decided: October 1, 2014

The Fourth Circuit reversed the district court’s denial of a preliminary injunction on House Bill 589’s (“H.B. 589”) elimination of same-day registration and prohibition on counting out-of-precinct ballots, and remanded with …

Decided: September 24, 2014 

The Fourth Circuit affirmed the district court’s order granting summary judgment.

Appellant (“Hentosh”), a white female, was a professor at Old Dominion University (“ODU”) from 2006 to 2013 in ODU’s School …

Decided: September 24, 2014

The Fourth Circuit held that decisions on applications for discovery filed under 28 U.S.C. § 1782 are immediately appealable, and affirmed the district court’s order requiring that Appellants produce the requested …

Decided: July 30, 2014

The Fourth Circuit affirmed the district court’s decision to dismiss Priority’s right of first refusal claim for lack of standing, and also dismissed Priority’s claim for tortious interference with a contract.…

Decided: July 30, 2014

The Fourth Circuit held that for cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA), an illegal immigrant enters the United States free from restraint if a …

Decided: August 4, 2014

The Fourth Circuit affirmed the district court’s holding that the RJR Pension Investment Committee (“RJR Pension”) had breached its fiduciary duty of care to Tatum by divesting a pension plan of …

Decided: August 5, 2014 

The Fourth Circuit held that the district court did not err in denying Flame S.A.’s (“Flame”) motion to vacate a writ of maritime attachment issued in favor of Freight Bulk Pte. …

Decided: August 5, 2014

The Fourth Circuit held that the district court did not abuse its discretion on any of the Appellants’ claims.

Wells Fargo and Walker Jackson Mortgage Corporation, a subsidiary of Long & …

Decided: August 6, 2014

The Fourth Circuit held that the City of Baltimore did not violate the Contract Clause of the U.S. Constitution when it changed the method for calculating pension benefit increases.

The City …

Decided: August 7, 2014

The Fourth Circuit denied Modanlo’s midtrial notice of appeal, and held that the district court was not stripped of jurisdiction when Modanlo made his midtrial notice of appeal.

Modanlo was charged …

Decided: August 15, 2014 

The Fourth Circuit held that Appellant, Crane Co. (“Crane”) was not entitled an opportunity to assert another basis for federal jurisdiction after the district court remanded its case to Maryland state …