Fourth Circuit Summaries

Week 22 (2020)

In Affinity Living Group v. StarStone Specialty Insurance, the Fourth Circuit held that the insurance claim of Affinity Living Group (an operator of adult care homes) for Medicaid reimbursements was an extension of its insurance policy with StarStone Specialty Insurance, which covered claims “‘arising out of a medical incident.’”

Week 21 (2020)

In CSX Transportation v. S.C. Department of Revenue, the Fourth Circuit held that South Carolina failed to justify its exclusion of railroads from a state law that caps the amount that appraisal values on commercial and industrial properties can increase, in a five-year period, at 15%.

Week 20 (2020)

In District of Columbia v. Trump, the Fourth Circuit held that the District Court of Maryland did not yet make a final decision on the President’s motion to dismiss Plaintiffs’ individual capacity claims on the grounds of absolute immunity. Therefore, the court held that it does not have jurisdiction to […]

Week 19 (2020)

In Cucalon v. Barr, the Fourth Circuit held Virginia Code § 18.2-248 is divisible by prohibited substance. Applying the modified categorical approach, the court held that distribution of cocaine under Virginia Code § 18.2-248, including distribution of that substance as an accommodation under Virginia Code § 18.2-248(D), satisfies the federal […]

Week 13 (2020)

In In re Moore, the Fourth Circuit denied a petition for a writ of mandamus, asking that the court direct Judge Conrad to recuse from presiding over petitioner’s criminal trial. The Fourth Circuit acknowledged that recusal might be required at a future point; however, it concluded that the extraordinary relief […]

Week 12 (2020)

In Servotronics, Inc. v. Boeing Co.,the Fourth Circuit held that under 28 U.S.C. § 1782, which provides that a U.S. District Court may provide assistance in providing testimony for a proceeding before “a foreign or international tribunal,” that private arbitration in the United Kingdom between two companies in the United […]