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Divided Fourth Circuit panel knocks out “moral turpitude” framework for...
A divided panel of the Fourth Circuit held today in Prudencio v. Holder that the framework used by federal immigration judges to decide whether an individual has previously been convicted of a crime of...
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Fourth Circuit unanimously reverses grant of habeas relief to capital defendant
The Fourth Circuit today unanimously reversed the grant of habeas relief to a North Carolina capital defendant, Timothy Richardson, by Judge Boyle of the Eastern District of North Carolina. Judge...
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Fourth Circuit on bankruptcy’s Barton doctrine and lying to the government’s...
The Fourth Circuit issued two published opinions in argued cases today. In McDaniel v. Blust, the court affirmed dismissal of several claims that arose out a bankruptcy proceeding. Chief Judge Traxler...
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Fourth Circuit dismisses as non-justiciable NEPA challenge to I-81...
Last Friday, the Fourth Circuit dismissed as non-justiciable the appeal of a judgment in a challenge to potential improvements to specific sections of I-81. Judge Wilkinson wrote the opinion for the...
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NCUC approval of ICAs affirmed by Fourth Circuit in appeal brought by CMRS...
If the title of this post means something to you, then you might find of interest the Fourth Circuit’s opinion today in New Cingular Wireless PCS, LLC v. Finley. Judge Davis wrote the opinion for the...
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Fourth Circuit affirms dismissal of Jeremy Mayfield’s claims against NASCAR
The Fourth Circuit yesterday affirmed the dismissal of contract and tort claims brought by driver Jeremy Mayfield against NASCAR and associates arising out of a positive drug test. Judge Gregory wrote...
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Fourth Circuit revives Rosetta Stone trademark claims against Google
The Fourth Circuit today partially reversed a district court decision that had granted broad protection to Google against trademark infringement claims arising out of its use of trademarked terms in...
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Where are the Fourth Circuit’s piracy decisions?
As the United States and a new Somali defendant gear up for trial this week in front of Judge Doumar, one question is on the mind of all concerned: Where are the Fourth Circuit’s piracy decisions? The...
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Fourth Circuit nixes EEOC ADA claim based on conflict with SSDI representations
A divided Fourth Circuit panel yesterday affirmed the grant of summary judgment to an employer who refused to rehire to the same position an employee who went on disability leave. The decision turned...
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Fourth Circuit dissent: Panel majority serves up “yesterday’s breakfast” for...
Holding that a criminal trial was tainted by the admission of prior “bad act” evidence, a split Fourth Circuit panel yesterday reversed an individual’s drug and gun convictions. In addition to...
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Fourth Circuit primer on Rule 50(b) and issue preservation
The Fourth Circuit’s decision today in Belk, Inc. v. Meyer Corp. provides a detailed primer–at one party’s expense, unfortunately–on the requirements of Rule 50(b) and various other issue-preservation...
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One for the dogs: Fourth Circuit issues First Amendment decision about doggy...
The Fourth Circuit today affirmed the dismissal of a First Amendment challenge to Arlington, Virginia’s prohibition of a doggy daycare’s mural near the Shirlington Dog Park. Judge Diaz wrote the...
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Somali pirates lose on appeal: Fourth Circuit affirms piracy convictions in...
The Fourth Circuit today issued published opinions in piracy prosecutions arising out of foiled attacks on the U.S.S. Ashland and the U.S.S. Nicholas. In both, the federal government won and the...
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Fourth Circuit defers to BIA on mandatory detention authority
Federal law authorizes immigration authorities to detain a criminal alien without a bond hearing “when the alien is released” from some other custody, such as state imprisonment. See 8 U.S.C....
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CA4 vacates and remands two from EDVA today: one on FCA and one on NEPA
The Fourth Circuit issued a published opinion in two argued cases today. The result in each case was to vacate and remand a decision out of the Eastern District of Virginia. That may be all that the...
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Fourth Circuit rejects copyright infringement claim arising out of similar...
The Fourth Circuit affirmed the grant of summary judgment to the defendant in a copyright infringement claim brought by a Charlotte, NC architecture firm (Building Graphics, Inc.) against a multi-state...
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Fourth Circuit reverses denial of leave to amend class allegations that were...
A split panel of the Fourth Circuit has reversed, on interlocutory appeal, the denial of leave to amend a Title VII class action complaint alleging company-wide gender discrimination at Family Dollar...
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