The Fourth Circuit held that the home-buyers were not entitled to recover damages for emotional distress based on SSA Security, Inc.’s (SSA), a security guard company, alleged conduct; that SSA was …
The Fourth Circuit affirmed the district court by finding that it did not abuse its discretion by imposing a 120-year sentence on a defendant convicted of production, possession, and transportation of …
T-MOBILE NE., LLC v. THE LOUDOUN CNTY. BD. OF SUPERVISORS, NO. 12-2396
Decided: April 3, 2014
The Fourth Circuit affirmed the district court’s decision by holding the following: (1) that the Loudoun County Board of Supervisors (Board) improperly denied T-Mobile Northeast’s, LLC, (T-Mobile) permit to build a …
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. BALTIMORE COUNTY, NO. 13-1106
Decided: March 31, 2014
The Fourth Circuit held that a provision in Baltimore County (the County), Maryland’s employee retirement benefit plan unlawfully discriminated against older County employees on the basis of age, in violation of …
The Fourth Circuit held that the district court acted properly by denying Kolon Industries’ (Kolon) recusal motion because of timeliness under 28 U.S.C. § 455(b). Further, the Fourth Circuit deferred to …
The Fourth Circuit held that Whiteside could use 28 U.S.C. § 2255 to challenge his erroneous “career offender enhancement” prison sentence under the United States Sentencing Guidelines (U.S.S.G.). The Court also …
DICKENSON-RUSSELL COAL COMPANY, LLC V. SECRETARY OF LABOR, NO. 13-1374
Decided: March 27, 2014
The Fourth Circuit held that the Dickenson-Russell Coal Company (Dickenson Coal) had an unconditional duty—under Part 50 regulations to the Federal Mine Safety and Health Act of 1977, 30 C.F.R. § …
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION V. PROPAK LOGISTICS, INC., NO. 13-1687
Decided: March 25, 2014
The Fourth Circuit affirmed the district court’s decision ordering the Equal Employment Opportunity Commission (“EEOC”) to pay attorneys’ fees to Propak Logistics, Inc. (“Propak”) because the EEOC acted unreasonably in filing …
The Fourth Circuit affirmed the conviction of criminal defendant, Khalil Blackman for his involvement in a conspiracy to commit armed robbery, holding that there was sufficient evidence to sustain his conviction. …
The Fourth Circuit Court of Appeals denied in part and dismissed in part a Nicaraguan immigrant’s petition for review of the Board of Immigration’s finding that he was ineligible for cancellation …
UNITED STATES EX REL. OBERG V. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY, NO. 12-2513
Decided: March 13, 2014
The Fourth Circuit held that Dr. Jon H. Oberg (Dr. Oberg), a relator for the United States, sufficiently alleged that the Pennsylvania Higher Education Assistance Agency (PHEAA) is a person for …
The Fourth Circuit affirmed the district court by holding that a defendant’s term of supervised release does not commence while he remains in federal custody pending the resolution of his status …
The Fourth Circuit held that the United States District Court for the Western District of Virginia properly concluded that the attorney’s fees expended by Jordan Oil in defense of its interests …
BARTON V. HOUSE OF RAEFORD FARMS, INC., NOS. 12-1943; 12-1945; 12-1946
Decided: March 11, 2014
A group of former employees brought suit against Raeford Farms, Inc. d/b/a/ Columbia Farms, Inc. (“Columbia Farms”), a chicken processing plant in Greenville, South Carolina for the payment of unpaid wages …
YATES V. MUNICIPAL MORTGAGE & EQUITY, LLC, NO. 12-2496
Decided: March 7, 2014
The Fourth Circuit held that the United States District Court for the District of Maryland properly dismissed the plaintiff shareholders’ claims against Municipal Mortgage & Equity (MuniMae) and certain directors and …