2020

Week of November 16, 2020 through November 20, 2020

Ergon-West Virginia, Inc. v. EPA (Agee 11/17/2020): The Fourth Circuit concluded that while the Environmental Protection Agency (EPA) did answer most of the questions brought to …

Week of November 9, 2020 through November 13, 2020

United States v. Brinkley (Motz 11/13/2020): The Fourth Circuit held that officers, armed with an arrest warrant, lacked probable cause to enter an apartment where they …

Week of November 2, 2020 through November 6, 2020

Adams v. American Optical Corp. (Floyd 11/6/2020): The Fourth Circuit held that Virginia’s two-year statute of limitations on personal injury claims barred the plaintiff-appellant’s (Adams) allegations …

Week of October 26, 2020 through October 30, 2020

Sicaran v. Barr (Wilkinson, 10/30/2020): Sicaran v. Barr (Wilkinson, 10/30/2020): The Fourth Circuit held that it lacked jurisdiction to consider the petitioner’s arguments that she belonged …

Week of October 19, 2020 through October 23, 2020

United States v. Horowitz (Niemeyer 10/20/2020): The Fourth Circuit held that when an individual signs tax returns that falsely state that he or she has no …

Week of September 28, 2020 through October 2, 2020

Middleton v. Andino (9/28/2020: reh’g granted en banc) (9/30/2020: denying the motion for a stay pending appeal): A majority of non-disqualified judges in active service voted …

Week of September 21, 2020 through September 25, 2020

Grimm v. Gloucester Cnty. Sch. Bd. (Floyd 9/22/2020): The Fourth Circuit denied a petition for rehearing a case en banc where it previously held that the …

Week of September 14, 2020 through September 18, 2020

Barrett v. PAE Government Services, Inc. (Traxler 9/15/2020): The Fourth Circuit affirmed the district court’s grant of summary judgment in favor the defendants—two Arlington County, Virginia …

Week of September 7 through September 11, 2020

United States v. McCain (Rushing 9/10/2020) The Fourth Circuit held that sentencing a seventeen-year-old to life in prison without the possibility of parole did not violate the …

Week of August 24 through August 28, 2020

Finch v. Covil Corp. (Motz 8/24/2020): The Fourth Circuit held that the district court’s jury instructions gave proper guidance to determine whether the manufacturer’s insulation constituted a …

Week of August 17 through August 21, 2020

United States v. Millender (Motz 8/17/2020): The Fourth Circuit held that, in the context of a wire fraud and money laundering conviction, where there was evidence that …

Week of August 10, 2020 through August 14, 2020

Salley v. Myers (Gregory 8/10/2020): The Fourth Circuit held that the district court misapplied the summary judgment standard to a malicious prosecution claim in favor of …

Week of August 3, 2020 through August 7, 2020

Mey v. DIRECTV, LLC (Rushing 8/7/2020): The Fourth Circuit concluded that the Wireless Customer Agreement between the plaintiff-appellee, Diana Mey, and the defendant-appellant DIRECTV, LLC, included …

Week of July 27, 2020 through July 31, 2020

United States v. Wayda (Thacker 7/27/2020): Previously, the district court declared the defendant incompetent to stand trial. Six months after that determination, the Government filed a …

Week of July 20, 2020 through July 26, 2020

Fauconier v. Clarke (Niemeyer 7/20/2020): The Fourth Circuit held that a plaintiff can move forward with Americans with Disabilities Act (ADA) claims for damages against the …