HAYES v. DELBERT SERV. CORP. NO. 15-1170, NO. 15-1217
Decided: February 2, 2016
The Fourth Circuit found that the arbitration agreement in dispute was unenforceable, reversed the district court’s order compelling arbitration, and remanded.
This case stemmed from a complaint that the plaintiffs had …
In a case about torture during Somalia’s military dictatorship, the Fourth Circuit held that the federal courts did not have jurisdiction over the Alien Tort Statute (ATS) claims in the case. …
The Fourth Circuit held that the recent Supreme Court jurisprudence is clear that the defendant’s motion constitutes a mixed Federal Rules of Civil Procedure 60(b) and 28 U.S.C. § 2253(c)(1)(B) and …
The Fourth Circuit held that the district court was correct in declining to vacate challenged aspects of an arbitration award. The arbitrator only awarded punitive damages for violations of the Credit …
S.C. COASTAL CONSERVATION LEAGUE v. U.S. ARMY CORPS OF ENGINEERS, NO. 14-1796
Decided: June 17, 2015
The Fourth Circuit affirmed the district court’s dismissal of the action as moot because Plaintiff failed to offer additional basis for standing, and also denied Plaintiff motion seeking leave to amend …
The Fourth Circuit held that the imposition of all expenses in an ex parte proceeding, regardless of whether a plaintiff wins or loses, does not involve “fee shifting” that would implicate …
FREIGHT DRIVERS & HELPERS LOCAL UNION NO. 557 PENSION FUND v. PENSKE LOGISTICS LLC, NO. 14-1464
Decided: April 21, 2015
The Fourth Circuit held that bringing an action by filing a complaint, rather than filing an application by motion under the Federal Arbitration Act, is the proper way for a party …
The Fourth Circuit affirmed the district court’s ruling that it had federal jurisdiction over the plaintiff’s state-law claims and that the plaintiff failed to allege sufficient facts to set forth a …
The Fourth Circuit held that the district court abused its discretion when it certified five class action suits. The Court vacated the lower court’s decision and remanded for reconsideration.
The Fourth Circuit held that decisions on applications for discovery filed under 28 U.S.C. § 1782 are immediately appealable, and affirmed the district court’s order requiring that Appellants produce the requested …
The Fourth Circuit held that Appellant, Crane Co. (“Crane”) was not entitled an opportunity to assert another basis for federal jurisdiction after the district court remanded its case to Maryland state …
RUSSELL v. ABSOLUTE COLLECTION SERVS., NO. 12-2357
Decided: August 15, 2014
The Fourth Circuit affirmed the district court’s judgment.
Appellant, a debt collection service, persistently made repeated collection demands to Appellee regarding on a debt that she incurred in 2008. Appellee paid …
FLYING PIGS, LLC v. RRAJ FRANCHISING, LLC, NO. 13-2135
Decided: July 1, 2014
The Fourth Circuit vacated the district court’s dismissal order and remanded the case to state court for failure to state a federal question sufficient for removal and federal jurisdiction. See 28 …
The Fourth Circuit denied Nucor’s petition for interlocutory review of the district court’s refusal to decertify a class in a class action lawsuit as untimely.