Eastern Associated Coal Corp. v. DOWCP, No. 11-2038
Decided: July 31, 2013
The Fourth Circuit Court considered a former employer’s challenges to attorneys’ fees and other related fees awarded under the Black Lung Benefits Act (the BLBA), 30 U.S.C § 901 through 945. …
The Fourth Circuit affirmed the order of the United States District Court of the District of Maryland denying Defendant Terrence Smith’s ineffective assistance of counsel motion finding that under a more …
The Fourth Circuit held that the Town of Nags Head, North Carolina (“the town”) did not violate the due process or equal protection rights of the owners of six beachfront cottages …
United States v. South Carolina, Nos. 12-1096, 12-1099, 12-2514, 12-2533
Decided: July 23, 2013
The Fourth Circuit held that, under the Supremacy Clause, the Lowcountry Immigration Coalition (“the Coalition”) had an implied right of action allowing them to seek enjoinment of South Carolina’s Act 69 …
The Fourth Circuit affirmed the District Court for the Eastern District of Virginia’s Order dismissing Plaintiffs’ complaint for failure to state a claim because the alleged injuries arose out of or …
The Fourth Circuit reversed the district court’s judgment granting Defendant’s petition on his claim of ineffective assistance based on his counsel’s failure to call an expert in eyewitness identification, and affirmed …
The Fourth Circuit held that the district court lacked subject matter jurisdiction to consider a petition brought by a detained ship and its owner for release because the United States Coast …
The Fourth Circuit reversed Defendant Joe Lanning’s (“Defendant”) conviction and remanded for a judgment of acquittal as a result of his involvement in a sting operation targeting gay men. The Defendant …
The Fourth Circuit held that the United States District Court for the Eastern District of Virginia (“the district court”) improperly granted a qualified reporter’s privilege to James Risen (“Risen”) under the …
The Fourth Circuit held that the United States District Court for the Eastern District of North Carolina properly considered the government’s motion for an upward departure under section 4A1.3 of the …
National Labor Relations Board v. Enterprise Leasing Company, LLC, No. 12-1514, 12-2000
Decided: July 17, 2013
The Fourth Circuit denied the National Labor Relations Board’s (the “NLRB”) application for enforcement of two bargaining orders because it found that the Obama Administration’s recess appointments to the NLRB violated …
Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Nos. 12-2102, 12-2432
Decided: July 17, 2013
American Home Realty Network (“AHRN”) and Metropolitan Regional Information Systems, Inc. (“MRIS”) both operate an online multiple listing service (“MLS”). MRIS brought suit against AHRN, arguing that AHRN’s unauthorized use of …
Bunn v. Oldendorff Carriers GMBH & Co. KG, No. 12-1888
Decided: July 17, 2013
The Fourth Circuit Court of Appeals affirmed the district court’s judgment entered in favor of Plaintiff Richard Bunn, who slipped and fell on Defendant’s ship, under § 5(b) of the Longshore …