RUSSELL v. ABSOLUTE COLLECTION SERVS., NO. 12-2357
Decided: August 15, 2014
The Fourth Circuit affirmed the district court’s judgment.
Appellant, a debt collection service, persistently made repeated collection demands to Appellee regarding on a debt that she incurred in 2008. Appellee paid …
The Fourth Circuit declined application of the exclusionary rule to suppress evidence police officers gathered against Stephens, and affirmed his conviction for illegal possession of a firearm.
The Fourth Circuit held that the district court erred in denying the defendants’, employees at a federal detention center, motion for summary judgment based on qualified immunity.
FLYING PIGS, LLC v. RRAJ FRANCHISING, LLC, NO. 13-2135
Decided: July 1, 2014
The Fourth Circuit vacated the district court’s dismissal order and remanded the case to state court for failure to state a federal question sufficient for removal and federal jurisdiction. See 28 …
The Fourth Circuit denied Nucor’s petition for interlocutory review of the district court’s refusal to decertify a class in a class action lawsuit as untimely.
The Fourth Circuit held that Railworks could not recover a premium payment transfer under 11 U.S.C. § 550, nor avoid the transfer under 11 U.S.C. § 547, following a Chapter 11 …
The Fourth Circuit held that the U.S. Supreme Court’s decision in Boumediene v. Bush, 553 U.S. 723 (2008), did not strike down 28 U.S.C. § 2241(e)(2), and that § 2241(e)(2) was …
The Fourth Circuit held that: (1) Seignious failed to show prejudice because the district court failed to follow the various procedures that 18 U.S.C. § 3664(a)–(d) required; (2) Seignious was not …
The Fourth Circuit affirmed the district court and held as unconstitutional Virginia’s statutes and constitutional amendments that prohibit (1) same-sex marriage in Virginia and (2) state recognition of same-sex marriages performed …
NATIONAL HERITAGE FOUNDATION v. HIGHBOURNE FOUNDATION, NO. 13-1608
Decided:July 25, 2014
The Fourth Circuit affirmed the district court, and held that the National Heritage Foundation (“NHF”) failed to demonstrate exceptional circumstances to justify the enforcement of the Release Provision in its Chapter …
The Fourth Circuit affirmed the Appellant’s sentence enhancement based on the district court’s finding that he illegally reentered the country after his prior conviction for felony drug trafficking in North Carolina …
The Fourth Circuit affirmed the district court, and held that the applicable Affordable Care Act (the “ACA”) statutory language is ambiguous and subject to multiple interpretations; applying deference to the IRS’s …
In Cordova v. Holder, the Fourth Circuit granted Cordova’s petition for review, and remanded the case to the Board of Immigration Appeals (“BIA”) for further proceedings after concluding that the BIA …
The Fourth Circuit affirmed the district court, and held that McQuiggin v. Perkins does not extend to cases in which a movant asserts actual innocence from his sentence, rather than from …