Colon Health Centers of America v. Hazel, No. 12-2272
Decided: October 23, 2013
The Fourth Circuit Court of Appeals reversed and remanded the district court’s dismissal of plaintiffs’ Commerce Clause claim against the state of Virginia, for hindering the plaintiffs from opening facilities in …
The Fourth Circuit denied Baltazar Olea Garcia’s petition for review of an order by the Board of Immigration Appeals (“BIA”) that rejected his application for cancellation of removal on the ground …
Scott et. al v. Family Dollar Stores, Inc., No. 12-1610
Decided: October 16, 2013
The Fourth Circuit Court of Appeals reversed the district court’s denial of female employees’ (“Appellants”) motion to amend their complaint, in their sex discrimination and equal pay action against Family Dollar …
The Fourth Circuit, finding that Officer Roehrig had a reasonable suspicion that Decarlos George (“George”) was armed and dangerous, held that the protective frisk did not violate George’s Fourth Amendment rights …
Holding that the Appellant Anthony Dash (“Dash”) was not entitled to damages under 17 U.S.C. § 504(b), the Fourth Circuit affirmed the district court’s grant of summary judgment in favor of …
The Fourth Circuit held that a Virginia regulation preventing the printing of alcohol advertisements violated the First Amendment as applied to college student newspapers.
The Virginia Alcoholic Beverage Control Board (the …
The Fourth Circuit affirmed in part and reversed in part the district court’s order granting summary judgment against six plaintiffs in their action against the Sheriff of the City of Hampton, …
The Fourth Circuit Court of Appeals affirmed the district court’s denial of Defendant’s motion to vacate his sentence under 28 U.S.C. § 2255. Defendant Calvin Dyess (“Dyess”) pled guilty to conspiracy …
The Fourth Circuit held that the government presented sufficient evidence to convict Thomas Royal (“Royal”) of possession of ammunition by a prohibited person, in violation of the federal Gun Control Act …
Whiteman et al v. Chesapeake Appalachia, No. 12-1790
Decided: September 4, 2013
The Fourth Circuit Court of Appeals affirmed the district court’s grant of summary judgment to the defendant, Chesapeake Appalachia, L.L.C. (Chesapeake), upon the Whitemans’ claim for common law trespass. The court …
The Fourth Circuit found that, although the claims asserted involve a sensitive area of North Carolina public policy, resolving them would not be sufficiently disruptive of that policy to warrant abstention …
The Fourth Circuit affirmed the district court’s conclusion that the police’s search of the defendant’s trashcan did not violate the defendant’s Fourth Amendment rights.
Waugh Chapel South, LLC v. United Food and Commercial Workers Union Local 27, No. 12-1429
Decided: August 26, 2013
The Fourth Circuit held that the Mid-Atlantic Retail Food Industry Joint Labor Management Fund (the “Fund”) was not a “labor organization” subject to the Labor Management Relations Act (“LMRA”), and that …
The Fourth Circuit held that, because the elements of sexual abuse under the Maryland Code do not correspond to the elements of any enumerated “crime of violence” under U.S.S.G. § 2L1.2(b)(1)(A)(ii), …