The Fourth Circuit affirmed the district court’s holding that a program to subsidize the participation of a new power plant in the federal wholesale energy market is preempted by the Federal …
The Fourth Circuit held that the district court abused its discretion on its evidentiary rulings as viewed in their totality due to its inadequate adoption of safeguards to avoid the substantial …
BOYER-LIBERTO v. FONTAINEBLEAU CORP. & BERGER, NO. 13-1473
Decided: May 13, 2014
The Fourth Circuit affirmed the district court’s decision holding that Liberto did not have valid discrimination or retaliation claims under Title VII and 42 U.S.C. §1981, based on an isolated incident …
The Fourth Circuit held that the district court abused its discretion by denying the motions to withdraw as council, and, thus, vacated these denials and remanded the decision.
The Fourth Circuit held that the state post-conviction court’s failure to apply a Remmer presumption of prejudice over external juror communication and failure to investigate Barnes’ juror misconduct claim were unreasonable …
The Fourth Circuit affirmed the Defendant’s conviction on count one, a conspiracy charge, but vacated the sentencing court’s restitution award to Erie Insurance because it found that Erie did not qualify …
The Fourth Circuit held that the warranty companies could not proceed in federal court because the claims required the joinder of necessary and indispensable parties under the Federal Rules of Civil …
The Fourth Circuit held that the district court order that sealed litigation records violated the public’s right to access under the First Amendment, and that the district court abused its discretion …
The Fourth Circuit affirmed the district court’s civil commitment of the defendant to the custody of the United States Attorney General when the district court found that he was a sexually …
The Fourth Circuit reversed, and remanded, the district court’s grant of summary judgment for Dal-Tile on the Title VII claims of a sexually and racially hostile work environment, as well as …
The Fourth Circuit held that the district court did not clearly err by holding Lavabit LLC (“Lavabit”) and its owner, Levison, in contempt for their failures to comply with a Pen/Trap …
The Fourth Circuit held that the defendant failed to meet the high standard on appeal for his ineffective assistance of counsel claim. The Court also found that the district court acted …
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 affirmed the district court’s judgment that found the Appellant guilty of nine counts under the Substance Analogue Enforcement Act of 1986 (the Act) originating from his distribution of …
The Fourth Circuit held that a Virginia district court committed legal error when it denied the defendant the opportunity to cross-examine the forensic examiner whose report was presented at the defendant’s …