NATIONAL HERITAGE FOUNDATION v. HIGHBOURNE FOUNDATION, NO. 13-1608
Decided:July 25, 2014
The Fourth Circuit affirmed the district court, and held that the National Heritage Foundation (“NHF”) failed to demonstrate exceptional circumstances to justify the enforcement of the Release Provision in its Chapter …
The Fourth Circuit affirmed the Appellant’s sentence enhancement based on the district court’s finding that he illegally reentered the country after his prior conviction for felony drug trafficking in North Carolina …
The Fourth Circuit affirmed the district court, and held that the applicable Affordable Care Act (the “ACA”) statutory language is ambiguous and subject to multiple interpretations; applying deference to the IRS’s …
In Cordova v. Holder, the Fourth Circuit granted Cordova’s petition for review, and remanded the case to the Board of Immigration Appeals (“BIA”) for further proceedings after concluding that the BIA …
The Fourth Circuit affirmed the district court, and held that McQuiggin v. Perkins does not extend to cases in which a movant asserts actual innocence from his sentence, rather than from …
The Fourth Circuit affirmed the district court’s denial of Chesapeake Bay Foundation’s, Incorporated (“CBF”), untimely motion to intervene as a defendant.
In Lefemine v. Wideman, the Fourth Circuit held that the district court erred, and that Appellant was entitled to attorney’s fees he incurred in connection with his civil lawsuit against various …
SOUTHERN APPALACHIAN MOUNTAIN STEWARDS v. A & G COAL, CORP., NO. 13-2050
Decided: July 11, 2014
The Fourth Circuit affirmed the district court, and held that the “permit shield” defense for discharges of selenium was unavailable to a corporation that failed to disclose the presence of the …
The Fourth Circuit affirmed the district court’s judgment as a matter of law in favor of Prosperity Mortgage, and found that Prosperity Mortgage did not violate the Maryland Finder’s Fee Act.…
The Fourth Circuit held that the Defendant, Nutter, was not a “mortgage broker” under Maryland Finder’s Fee Act, Md. Code Ann. § 12-804(e), and so he could not be liable for …
The Fourth Circuit affirmed the district court, and held that the indictment contained sufficient evidence to support the Defendant’s convictions, and identify the essential elements of the crimes charged.
The Fourth Circuit affirmed Brown’s convictions for conspiring to traffic drugs, and for her role in a related murder. The Court concluded that the police did not violate Brown’s Fifth Amendment …
SHIMARI v. CACI PREMIER TECHNOLOGY, INC., NO. 13-1937
Decided: June 30, 2014
The Fourth Circuit held that the appellants’ claims of torture and mistreatment against a national defense contractor sufficiently “touch and concern” the territory of the United States (U.S.) so as to …
NAT’L HERITAGE FOUND. v. HIGHBOURNE FOUND., NO. 13-1608
Decided: June 27, 2014
The Fourth Circuit held that the Non-Debtor Release Provision provided in the National Heritage Foundation’s (NHF) Chapter 11 reorganization plan was unenforceable, which affirmed the bankruptcy and district courts’ holding.