Jimmy Martin and Lucky Strike, LLC (appellants) brought an action in the district court to enjoin the enforcement of S.C. Code Ann. §§ 12-21-2710 and 12-21-2712, which prohibit certain “device[s] pertaining …
The Fourth Circuit denied Adriano de Almeida Viegas’s petition for review of the Board of Immigration Appeals’ (“BIA”) denial of Viagas’s petition to obtain relief from removal under the Immigration and …
In this case, the Fourth Circuit affirmed its early opinion in United States v. Edmonds, 679 F.3d 169 (4th Cir. 2012), in which it had concluded that the defendant was properly …
The Fourth Circuit affirmed the constitutionality of 28 U.S.C. §§702 and 704(a), which makes it a crime to knowingly wear unauthorized military uniforms or insignia. The Fourth Circuit also affirmed the …
Martin Mendoza Leiba (“Mendoza”) petitioned the Fourth Circuit Court of Appeals to review a decision by the Board of Immigration Appeals (the “Board”). The Board affirmed the ruling of an immigration …
Bird v. Comm’r of Social Security Admin., No. 11-1645
Decided: November 9, 2012
The Fourth Circuit Court of Appeals reversed a district court opinion that denied the plaintiff-appellant, Earl M. Bird (“Bird”), Social Security Benefits. The Court of Appeals held that the lower court …
The Fourth Circuit denied a Rule 60(b)(4) motion to vacate a civil forfeiture judgment. Although the government failed to meet the 90-day mandatory timeline imposed by 18 U.S.C. § 983(a)(3), Wilson …
Singh sought judicial review of an order of the Board of Immigration Appeals (“the Board”) denying his application for withholding of removal under the Immigration and Nationality Act (“the INA”) and …
The Fourth Circuit Court of Appeals held that Mohamed Ali Samantar is not entitled to head-of-state or foreign official immunity under the common law. Samantar is a former high-ranking government official …
Ellis v. Louisiana-Pacific Corporation, No. 11-2319
Decided: November 2, 2012
Appellants appealed the district court’s order dismissing their class action complaint in which they claimed that Louisiana-Pacific Corporation (LP) negligently designed and manufactured a composite building product, Trimboard, designed and marketed …
In this case, the Fourth Circuit upheld the revocation of a federal prisoner’s supervised release and subsequent imprisonment for engaging in criminal activity while on release. The court rejected the defendant’s …
AU Optronics Corp. v. South Carolina, No. 11-254, and LG Display Co., Ltd. v. South Carolina, No. 11-255
Decided: October 25, 2012
In addressing AU Optronics and LG Display’s (together “Defendants”) separate appeals of the District Court of South Carolina’s decisions to remand their cases to South Carolina state court, the Fourth Circuit …
United States v. Peoples, No. 11-4963 and No. 11-4965
Decided: October 23, 2012
The Fourth Circuit Court of Appeals affirmed Peoples’ conviction for contempt of Judge Currie and reversed his conviction for contempt of Judge Conrad.
Ancient Coin Collector’s Guild v. U.S. Customs and Border Protection, No. 11-2012
Decided: October 22, 2012
The Fourth Circuit Court of Appeals affirmed the district court’s ruling that the U.S. Customs and Border Protection (“CBP”) did not act outside its authority under the Convention on Cultural Property …
The Fourth Circuit Court of Appeals affirmed the district court’s judgment that granted the Government’s motion to dismiss a challenge to Revenue Ruling 69-59, which limits firearms being sold at out-of-state …