The Fourth Circuit Court of Appeals reversed the district court’s holding that it could not compel arbitration based on the unconscionability of three provisions in the parties’ franchise agreement. The Fourth …
Dow AgroSciences v. National Marine Fisheries, No. 11-2337
Decided on: February 21, 2013
The Fourth Circuit addressed whether a “biological opinion” (“BiOp”) issued by the National Marine Fisheries Service (“the Service”) to the Environmental Protection Agency (“EPA”) is arbitrary and capricious under the …
American Management Services v. Dep’t of the Army, No. 12-1274
Decided: January 9, 2013
The Fourth Circuit affirmed the district court’s grant of summary judgment to the Army. The Army satisfied its burden of showing that disclosure of the documents requested by Pinnacle under the …
N.C. Growers Assoc., Inc. v. United Farm Workers, No. 11-2235
Decided: December 21, 2012
The Fourth Circuit Court of Appeals affirmed the district court’s ruling that regulatory action by the Department of Labor (“the Department”), which suspended some regulations and reinstated others regarding temporary agricultural …
Maryland Transit Administration v. Surface Transportation Board, No. 11-1412
Decided: November 21, 2012
The Fourth Circuit Court of Appeals held that the Surface Transportation Board’s (“STB”) denial of the Maryland Transit Administration’s (“MTA”) would not be overturned under the arbitrary and capricious standard.
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 …
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 …
Westmoreland Coal Company petitioned the Court of Appeals for review after the Benefits Review Board reversed an administrative law judge’s denial of Mae Ann Sharpe’s claim for survivor benefits from her …
The Equal Employment Opportunity Commission (EEOC) appealed from the denial of judicial enforcement of an administrative subpoena served in the course of investigating charges brought against Randstad. The Court of Appeals …
Webster v. United States Dept. of Agric., No. 11-1739
Decided: July 13, 2012
Appellants filed suit challenging the United States Department of Agriculture’s (USDA) decision to construct a dam as part of a larger project along the Lost River Subwatershed. Appellants alleged that the …
The Fourth Circuit Court of Appeals affirmed the conviction of G. Martin Wynn for mail and wire fraud related to his engineering services undertaken for Oconee County, South Carolina to extend …
Jane Huggins, trading as SADISCO of Maryland, appealed the district court’s grant of summary judgment in favor of Prince George’s County and five County officials. In November 2001, SADISCO purchased a …
On appeal to the Fourth Circuit, Gwyniece Hutchins challenged the district court’s determination that federal law required her to reimburse the Department of Labor (“DOL”) for compensation that she received after …
The Plaintiff in this case, Carolyn Snydor, appeals the district court’s dismissal of her discrimination claim. In January 2009, Snydor, a public health nurse in Fairfax County, underwent surgery on her …
Friends of Back Bay v. U.S. Army Corps, No. 11-1184
Decided: June 18, 2012
A developer proposed building a mooring facility and concrete boat ramp (the “Project”) about 3,000 feet back from the Back Bay National Wildlife Refuge (the “Refuge”) in Virginia Beach. The approved …