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Decided: December 11, 2013
The Fourth Circuit upheld the district court’s decision to deny the application of naturalization for Lakshmi Injeti, finding that she was never lawfully admitted for permanent residence based on misrepresentations about …
Decided: November 14, 2013
Petition for rehearing denied.
Full Opinion…
Decided: December 10, 2013
The Fourth Circuit held that the United States District Court for the District of Maryland did not err by denying Sheriff Robert N. Jones’s (Jones) motion for judgment as a matter …
Decided: December 6, 2013
The Fourth Circuit affirmed the district court’s denial of Darnell Black’s (“Black”) motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2).
On September 14, 2006 Black pleaded guilty to …
Decided: December 6, 2013
The Fourth Circuit held that the National Treasury Employees Union (“NTEU”) could not amend its collective bargaining agreement with the Internal Revenue Service (“IRS”) to provide additional grievance procedures that would …
Decided: December 3, 2013
The Fourth Circuit held that the government did not meet its burden of proving Jamaal Robertson (Robertson) consented to a search conducted by Durham Police Officer Doug Welch (Officer Welch). The …
Decided: December 3, 2013
The Fourth Circuit affirmed the district court’s grant of summary judgment in favor of Horry County, thereby validating its Flow Control Ordinance that prohibits disposal of waste generated in Horry County …
Decided: December 3, 2013
The Fourth Circuit held that the bankruptcy court reasonably exercised its discretion in balancing the interests of licensees with the interests of the debtor and found that application of Section 365(n) …
Decided: November 26, 2013
The Fourth Circuit vacated appellant, Fabian Montes-Flores’, 46-month sentence, finding that the district court erroneously applied the modified categorical approach to determine that appellant’s prior conviction for assault and battery of …
Decided: November 22, 2013
The Fourth Circuit affirmed the district court’s judgment in favor of the plaintiff on the liability aspect of the negligence claim, but remanded for further proceedings with respect to damages.
Darryl …
Decided: November 20, 2013
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 …
Decided: November 20, 2013
The Fourth Circuit = affirmed the district court’s grant of summary judgment in favor of the defendant, the United States Coast Guard (“USCG”), in a personal injury and wrongful death action. …
Decided: November 20, 2013
The Fourth Circuit held that (1) there is no clear statement of Congressional intent in the Fair and Equitable Tobacco Reform Act (FETRA), 7 U.S.C. §§ 518 et seq., regarding the …
Decided: November 20, 2013
The Fourth Circuit affirmed the district court, holding that, under North Carolina law, the plaintiff’s negligence claim failed because she was unable to establish that the Army owed her a duty, …
Decided: November 15, 2013
The Fourth Circuit held that “for purposes of the nominal party exception to the rule of unanimity governing removal,” contractor G.R. Hammonds, Inc. (Hammonds) was a nominal party in a contribution …