246 results for 'court:"4th Circuit"'.
J. Richardson finds the lower court improperly accepted the bankruptcy court’s partial dismissal of one of two claims seeking to recoup money owed by an unlicensed contractor who declared bankruptcy to get out of paying the debt for working unlicensed to the homeowner as a final judgment applicable to review. The homeowner sought a declaration of the money owed and for the court to pronounce the debt non-dischargeable, but in bankruptcy courts, both claims must succeed for the results to be fruitful to the homeowner. The homeowner hatched a plan to make the bankruptcy court’s order final by voluntarily dismissing the surviving claim without prejudice, immediately appealing the court-dismissed claim, and deciding afterward whether it was worth further litigating the party-dismissed claim. Parties are not allowed to manufacture finality like this. Vacated.
Court: 4th Circuit, Judge: Richardson , Filed On: September 14, 2023, Case #: 22-1216, Categories: Bankruptcy, Construction
J. Quattlebuam finds the lower court properly granted summary judgment to the police officers on an unlawful entry claim. A woman wanted to get some belongings out of the home she and her then-husband shared, but he locked her out due to an argument, leading to her calling the police. Considering the two were on and off again living together, the police had reason to believe that the wife had the authority to allow the deputies to enter the residence despite her not owning the home. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: September 13, 2023, Case #: 22-1082, Categories: Trespass, Domestic Violence, Police Misconduct
J. Rushing finds the lower court properly enhanced the defendant's sentence under the Armed Career Criminal Act. The defendant argued that his previous conviction for aggravated assault is not a violent felony within the meaning of the Act, but even the least culpable version of aggravated assault satisfies the Act's force clause because it has the threatened use of force capable of causing physical pain or injury to another person. Affirmed.
Court: 4th Circuit, Judge: Rushing , Filed On: September 13, 2023, Case #: 21-4043, Categories: Sentencing, Assault
J. Richardson finds the lower court properly held that money was not one of the benefits that the mother's son was due under the terms of the employer-based health benefits program. The son, suffering from a rare heart disease, was denied the money needed to try an experimental heart transplant and died before his appeal of the denial was processed. The Employee Retirement Income Security Act allows plaintiffs to seek reimbursement for money spent on procedures but does not authorize a plaintiff to seek the monetary cost of a benefit that was never provided. Affirmed in part.
Court: 4th Circuit, Judge: Richardson, Filed On: September 11, 2023, Case #: 21-2207, Categories: Employment, Erisa, Health Care
J. Rushing found that the board improperly held that the immigration judge provided the Mexican immigrant with legally adequate notice of the conditions applicable to his voluntary departure. The relevant regulation unequivocally requires the judge to inform the alien of the bond amount and deadline for the bond before granting voluntary departure. Vacated in part.
Court: 4th Circuit, Judge: Rushing, Filed On: September 11, 2023, Case #: 22-1147, Categories: Immigration, Theft
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J. Harris finds the lower court improperly dismissed the Telephone Consumer Protection Act violation claim. The prescription drug company sent a fax advertising the free download of a compilation of medical prescribing information for certain prescription drugs they published in an E-book. Despite the advertisement being for a free product, it is still categorized as a prohibited advertisement because prohibited advertisements may be entirely non-commercial. Vacated.
Court: 4th Circuit, Judge: Harris, Filed On: September 6, 2023, Case #: 22-1279, Categories: False Advertising
J. Rushing finds the board properly denied the former MS-13 gang member's petition for deferral of removal under the United Nations Convention Against Torture. The former gang member fears retaliation if removed to Honduras for refusing to participate in a gang-ordered stabbing while incarcerated for other gang-related charges. In light of recent efforts to eliminate police corruption in Honduras, the gang member failed to adequately allege that the government would turn a blind eye to the risk of him being killed. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: September 6, 2023, Case #: 21-2377, Categories: Immigration, Gangs
J. Rushing finds the lower court improperly denied the defendant's motion to suppress evidence from an allegedly unlawful seizure leading to his conviction for possessing a firearm as an unlawful drug user. A postal inspector called his friend from the police department after he saw a man he found suspicious walking through an alleyway near an unoccupied home with an "Oh, no, I’m caught” look on his face. The postal inspector spotted him. The police searched the defendant despite not having any evidence of him committing any wrongdoing, leading to them finding a gun and prescription drugs. Vacated.
Court: 4th Circuit, Judge: Rushing, Filed On: August 31, 2023, Case #: 22-4063, Categories: Drug Offender, Evidence, Firearms
J. Richardson finds the lower court properly determined that the warden was not qualified for immunity. Three guards with prior histories of violence with inmates relentlessly beat and pepper sprayed an inmate they incorrectly thought was involved in a scuff-up between an inmate and another guard. The warden allegedly did nothing to prevent inmates suspected of being involved in the fight from being violently retaliated against. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: August 24, 2023, Case #: 21-6422, Categories: Constitution, Assault, Prisoners' Rights
J. King finds the lower court improperly determined that the charging document mandate, required by an extradition treaty signed by the U.S. and Lithuania, does not require a charging document analogous to an indictment under American law. The Lithuanian accused of white-collar real estate crimes in his home country was only notified of suspicion by the authorities rather than being delivered a charging document listing the exact charges he faced. Reversed.
Court: 4th Circuit, Judge: King, Filed On: August 24, 2023, Case #: 22-6901, Categories: Immigration, Habeas, Extradition
J. Quattlebaum finds that the lower court improperly held that the bankruptcy code preempts the debtor's state law claims arising from alleged improper collection attempts of a discharged debt. The state law claims providing broader remedies than federal laws does not mean the state law claims are preempted when taking into account that the bankruptcy code seeks to give debtors a fresh start. Vacated in part.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: August 18, 2023, Case #: 22-1248, Categories: Bankruptcy, Debt Collection, Choice Of Law
[Consolidated.] J. Harris finds that the lower court improperly certified classes for monetary damages on breach of contract and statutory consumer-protection claims against the hotel company and IT service provider following a hack of a guest reservation database. The guest signed a class action waiver agreeing only to resolve disputes individually and not as a class. Vacated.
Court: 4th Circuit, Judge: Harris, Filed On: August 18, 2023, Case #: 22-1744, Categories: Consumer Law, Privacy, Class Action
J. Benjamin finds that the lower court improperly applied a sentence enhancement for possession of a firearm in connection with another felony offense, specifically felony possession of drugs. Defendant, found unconscious in his car grasping a pistol, did not use the firearm to facilitate his possession of a small amount of cocaine in his pocket. Vacated in part.
Court: 4th Circuit, Judge: Benjamin , Filed On: August 17, 2023, Case #: 22-4284, Categories: Drug Offender, Firearms, Sentencing
J. Gregory finds the lower court improperly abused its discretion in denying the defendant's motion for a sentence reduction. The defendant would be subject to two five-year mandatory minimums, rather than a five-year and a twenty-five-year mandatory minimum if sentenced for his two firearm possession in furtherance of a drug trafficking crime offenses today due to the First Step Act. Reversed.
Court: 4th Circuit, Judge: Gregory , Filed On: August 16, 2023, Case #: 21-7752, Categories: Firearms, Sentencing, Prisoners' Rights
J. King finds the lower court improperly awarded summary judgment and, therefore, immunity to the police officer who fatally shot the man suffering from a mental breakdown. There is still a genuine dispute of facts over whether the officer acted reasonably in shooting the Spanish-speaking man who could not understand his English commands and ultimately stood still with both his arms frozen in place and both his hands in the air in a universally recognized position of surrender. Reversed.
Court: 4th Circuit, Judge: King, Filed On: August 16, 2023, Case #: 21-2223, Categories: Negligence, Assault, Police Misconduct
J. Thacker finds the lower court properly determined that the former intelligence official's non-selection for a permanent position resulted from the hiring official’s poor impression of her as a prospective employee and her attendance problems, stemming from a depressive episode, prior to the Family Medical Leave Act interference. The employee failed to meet her burden of proof to demonstrate that she was not selected for the permanent position because of the delay of her leave request. Affirmed.
Court: 4th Circuit, Judge: Thacker, Filed On: August 15, 2023, Case #: 22-1498, Categories: Employment, Government
J. Gregory finds the lower court improperly dismissed the murderer's motion to review his 2013 federal habeas petition, which was denied for being untimely, on the grounds that his multiple mental health disabilities had prevented him from effectively petitioning the court. Following his arrest for the murders of his ex-wife and her boyfriend, he was twice found incompetent to stand trial and was twice admitted to a hospital for treatment to restore his competency. His motion was filed within a reasonable time, given the extensive evidence documenting his severe mental disabilities. Reversed.
Court: 4th Circuit, Judge: Gregory , Filed On: August 15, 2023, Case #: 20-6351, Categories: Competence, Habeas, Murder
J. Diaz finds the lower court improperly held that because Virginia's requirements for Medicaid eligibility for expensive Hepatitis C drugs violated the Medicaid Act, the pharmacy's misrepresentations allowing more people to qualify were immaterial as a matter of law. The pharmacy can’t collaterally attack Virginia’s eligibility requirements as a defense against fraud. Vacated.
Court: 4th Circuit, Judge: Diaz, Filed On: August 15, 2023, Case #: 22-1491, Categories: Fraud, Government, Medicaid
J. Quattlebaum finds the lower court improperly dismissed the parents' claim for failure to state a claim rather than for lack of standing. The parents, angry about a Board policy authorizing schools to create gender care plans for students without notifying parents, do not have children that are transgender, are transitioning, are considering transitioning or are struggling with gender identity issues. Vacated.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: August 14, 2023, Case #: 22-2034, Categories: Civil Rights, Education, Government
[Consolidated.] Wynn grants the natural gas pipeline's motion to dismiss petitions for review of permit approvals for lack of jurisdiction. In passing the Fiscal Responsibility Act of 2023, Congress gave exclusive jurisdiction to the Washington D.C. Circuit Court. Dismissed.
Court: 4th Circuit, Judge: Wynn, Filed On: August 11, 2023, Case #: 23-1384, Categories: Energy, Government, Jurisdiction
J. Gregory finds the lower court properly denied the defendant's motion to dismiss his life sentence for hiring a friend to kill his mistress's husband. The defendant argues that recent Supreme Court decisions mean his predicate offenses, aiding and abetting carjacking resulting in death and murder with a firearm in relation to a crime of violence, no longer qualify as crimes of violence. Aiding and abetting a carjacking resulting in death remains a crime of violence under either the law's force or elements clause. Affirmed.
Court: 4th Circuit, Judge: Gregory, Filed On: August 10, 2023, Case #: 21-7171, Categories: Murder, Sentencing, Conspiracy
J. Gregory finds that the lower court properly found in favor of the suing real estate company in a years-long dispute between the two real estate companies for the trademark "Dewberry." The two companies agreed to a contract outlining how each can and cannot use the name, but the other real estate company clearly violated the agreement when it changed its logo during rebranding. Affirmed.
Court: 4th Circuit, Judge: Gregory , Filed On: August 9, 2023, Case #: 22-1622, Categories: Real Estate, Trademark
J. Heytens finds the lower court properly sentenced defendant to death after he was found guilty of fatally shooting two bank employees during a robbery. The lower court had no duty to order a psychological examination by a court-appointed expert to determine whether defendant was fit for trial, especially considering the fact that defendant's counsel fought to show that he was, in fact, fit for trial. Affirmed.
Court: 4th Circuit, Judge: Heytens , Filed On: August 9, 2023, Case #: 20-1, Categories: Competence, Death Penalty, Fair Trial
J. Diaz finds the lower court properly dismissed the suspended student's complaint holding that he hadn’t alleged a cognizable liberty or property interest in his continuing education. The student, accused of abusing his girlfriend, hasn’t alleged that he was deprived of his education without sufficient process including a three-month-long investigation. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: August 8, 2023, Case #: 22-1971, Categories: Education, Assault
J. Niemeyer finds the lower court improperly compelled the foreman and the oil company to resolve their contract dispute via arbitration. The arbitration clause was not in any contract between the foreman and the oil company, but rather in a contract between the foreman and a third-party company that had helped the foreman find the position with the oil company. Reversed
Court: 4th Circuit, Judge: Niemeyer, Filed On: August 7, 2023, Case #: 22-1480, Categories: Arbitration, Employment, Labor
J. Richardson finds the lower court properly determined that the shrimp trawlers are not violating the Clean Water Act. Returning bycatch to the ocean is not discharging a pollutant, so the act allows throwing it overboard without a permit. The trawl nets merely kick up sediment already present in the sound, so their use does not discharge any pollutants either. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: August 7, 2023, Case #: 21-2184, Categories: Environment, Water
En banc, the Fourth Circuit finds that the lower court improperly denied the prevailing parties attorney fees after they won a preliminary injunction enjoining Virginia's policy of suspending licenses for people who have failed to pay court fees. Fourth Circuit precedent barred an award of attorney fees for prevailing parties who won a preliminary injunction but not a final judgment, but in this decision, the circuit overturns that precedent to join other circuits in allowing an award of legal fees to parties who win a preliminary injunction. Vacated.
Court: 4th Circuit, Judge: Harris, Filed On: August 7, 2023, Case #: 21-1756, Categories: Attorney Fees
J. Richardson finds the lower court properly dismissed the Eight Amendment violation claim. The estate of the deceased prisoner sued a guard after discovering the guard failed to look into the cells while completing his security rounds, giving two other prisoners ample time to brutally strangle the deceased. The guard is entitled to qualified immunity because there is no clearly established constitutional right to properly conducted security checks. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: August 4, 2023, Case #: 22-6410, Categories: Murder, Prisoners' Rights
J. Diaz finds the lower court properly denied the defendant's motion for a sentence reduction. The quantity of crack cocaine the police obtained, his violent history in prison and the government's suspicion that he participated in an FBI informant’s murder add up to the defendant not qualifying for a reduction. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: August 3, 2023, Case #: 21-6829, Categories: Drug Offender, Sentencing