Week 11 (2019)
Week of March 11, 2019 through March 15, 2019
NCO Fin. Sys., Inc. v. Montgomery Park, LLC (Niemeyer 3/15/2019): The Fourth Circuit held that a mitigation obligation does not implicate the doctrine of “mutual breach.” …
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NCO Fin. Sys., Inc. v. Montgomery Park, LLC (Niemeyer 3/15/2019): The Fourth Circuit held that a mitigation obligation does not implicate the doctrine of “mutual breach.” …
United States v. Ketter (Motz 11/8/2018): The Fourth Circuit affirmed a district court’s variance from sentencing guidelines in its sentencing of a defendant, finding that the …
Day v. Johns Hopkins Health Sys. Corp. (Wilkinson 10/26/2018): The Fourth Circuit held that an expert witness protected from liability based on their testimony under the …
United States v. Gibbs (Wynn 10/5/2018): The Fourth Circuit vacated an earlier panel order and majority opinion after the underlying controversy over a defendant’s sentence was …
Sierra Club v. Virginia Elec. & Power Co. (Neimeyer 9/12/2018): The Fourth Circuit held that the landfill and settling ponds owned by a power company were …
No Fourth Circuit summaries this week.…
Henderson for Nat’l Labor Relations Bd. v. Bluefield Hosp. Co., LLC (Niemeyer 8/28/2018): The Fourth Circuit held that under the Winter test, a party seeking preliminary …
United States v. Under Seal (Traxler 8/22/2018): The Fourth Circuit held that when a defendant knowingly withholds information or gives false testimony, the government is released …
Sierra Club v. United States Dep’t of the Interior (Gregory 8/6/2018): Petitioners sought an injunction halting all construction of the Atlantic Coast Pipeline. The Court held that …
Thomas Porter v. David Zook (Thacker 8/3/2018): The Fourth Circuit affirmed a dismissal of a petition appealing sentencing and remanded the case for determination of a …
Children’s Hospital v. Alex Azar, II (Wynn 7/23/2018): The Fourth Circuit held that a Medicaid policy set forth in a Frequently Asked Questions (“FAQ”) document violated …
U.S. v. Jesus Alejandro Chavez, et al. (Wilkinson 7/2/2018): The Fourth Circuit affirmed the conviction of multiple gang members for murder, holding that no Brady or …
Jose Santos Guzman Gonzalez v. Jefferson B. Sessions, III (Wynn 6/27/2018): The Fourth Circuit held the imposition of $100 in court costs, assessed attendant to a …
Malvo v. Mathena (Niemeyer 6/21/2018): The Fourth Circuit held that Malvo’s four life-without-parole sentences, which were imposed for crimes Malvo committed while he was 17, must …
No Fourth Circuit summaries this week.…