The Fourth Circuit reversed, and remanded, the district court’s grant of summary judgment for Dal-Tile on the Title VII claims of a sexually and racially hostile work environment, as well as …
The Fourth Circuit held that the district court did not clearly err by holding Lavabit LLC (“Lavabit”) and its owner, Levison, in contempt for their failures to comply with a Pen/Trap …
The Fourth Circuit held that the defendant failed to meet the high standard on appeal for his ineffective assistance of counsel claim. The Court also found that the district court acted …
IN RE: CONSTR. SUPERVISION SERVS., INC., NO. 13-1560
Decided: May 22, 2014
The Fourth Circuit, affirming the decisions of the bankruptcy and district courts, held that under North Carolina law, where a creditor subcontractor is entitled to a lien upon funds a third …
The Fourth Circuit affirmed the district court’s judgment that found the Appellant guilty of nine counts under the Substance Analogue Enforcement Act of 1986 (the Act) originating from his distribution of …
The Fourth Circuit held that a Virginia district court committed legal error when it denied the defendant the opportunity to cross-examine the forensic examiner whose report was presented at the defendant’s …
The Fourth Circuit overturned a summary judgment motion in favor of District Attorney (DA) Peter Gilchrist, holding that there was a jury question on whether Gilchrist was entitled to a qualified …
CORETEL VIRGINIA, LLC v. VERIZON VIRGINIA, LLC., NO. 13-1765
Decided: May 13, 2014
The Court held that Verizon Virginia, LLC (“Verizon”) was required to offer entrance facilities to CoreTel Virginia, LLC (“CoreTel”) at cost-basis for interconnection; CoreTel’s ports and multiplexers did not qualify as …
FELDMAN v. LAW ENFORCEMENT ASSOCIATES CORP., NO. 13-1849
Decided: May 12, 2014
The Fourth Circuit affirmed the district court’s grant of summary judgment by holding that the appellant failed to make a prima facie showing of his Sarbanes-Oxley Act of 2002 (“SOX”), 18 …
The Fourth Circuit held that a change in law to an implied private cause of action under 17 C.F.R. § 240.10b-5 (“Rule 10b-5”) was inapplicable in the context of a criminal …
The Fourth Circuit denied Tadd Vassell’s (Vassell) motion for leave to file a successive motion under 28 U.S.C. § 2255 to challenge his mandatory life sentence without parole.
SANTORO v. ACCENTURE FED. SERVS., LLC, NO. 12-2561
Decided: May 5, 2014
The Fourth Circuit affirmed the district court’s order compelling the Appellant to arbitrate his federal claims, and held that where the Appellant does not pursue his Dodd-Frank whistleblower claims, neither 7 …
In this appeal, the Court held that the district court properly granted summary judgment for the plaintiff’s 42 U.S.C. § 1983 and gross negligence claims because the plaintiff did not meet …
The Fourth Circuit determined that physicians’ opinions provided sufficient evidence that a coal miner’s lung disease hastened his death. Accordingly, the Court reversed and remanded the administrative board’s decision.
The Fourth Circuit held that Carter’s conviction under 18 U.S.C. § 922(g)(3), for possession of firearms while being an unlawful user of, and addicted to, marijuana, did not violate his Second …