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Decided: July 10, 2013
The Fourth Circuit Court of Appeals reversed the district court’s grant of the defendant corporation’s motion to dismiss the plaintiff landowners’ nuisance action. The court held that the discovery rule articulated …
Decided: July 5, 2013
The Fourth Circuit held that the United States District Court for the Eastern District of North Carolina did not commit clear error by ordering civil commitment of Mikel Bolander (“Bolander”) as …
Decided: July 5, 2013
Finding that the Maryland offense of resisting arrest constitutes a crime of violence under U.S.S.G. § 2L1.2, the Fourth Circuit affirmed the District Court for the District of Maryland’s application of …
Decided: July 5, 2013
The Fourth Circuit affirmed the district court’s determination that the City of Lexington’s decision to restrict the presentation of flags on city property was not unconstitutional nor was it a violation …
Decided July 3, 2013
The Fourth Circuit Court of Appeals reversed the district court’s denial of the parties’ cross-motions for summary judgment. A minor brought this class action to challenge South Carolina’s reduction of monthly …
Decided: July 3, 2013
A majority of the Fourth Circuit, sitting en banc, vacated the judgment of the district court, which granted summary judgment to Plaintiffs Greater Baltimore Center for Pregnancy Concerns, Inc., St. Bridgid’s …
Decided: July 5, 2013
The Fourth Circuit affirmed the judgment of the Department of Labor (“DOL”) Benefits Review Board (the “Board”) awarding automatic survivors’ benefits to miners’ dependents when the miner, at the time of …
Decided: July 5, 2013
The Fourth Circuit affirmed the judgment of the Secretary of the U.S. Department of Housing and Urban Development (“HUD”) and rejected Corey’s challenges to the Secretary’s order, which found him in …
Decided: July 3, 2013
The Court of Appeals recently affirmed the district court’s decision to preliminarily enjoin enforcement of the second statement of a Montgomery County Resolution requiring limited service pregnancy resource centers to post …
Decided: July 1, 2013
The Fourth Circuit held that a bankruptcy court’s denial of confirmation of a debtor’s debt adjustment plan under Chapter 13 of the Bankruptcy Code (“Chapter 13”), 11 U.S.C. §§ 1301–30, and …
Decided: June 27, 2013
The Fourth Circuit held that the District Court for the Western District of North Carolina failed to properly analyze the Appellant’s claims under the First Amendment standing framework and therefore vacated …
Decided: June 26, 2013
The Fourth Circuit affirmed the 105 month sentence imposed on Timothy Harris after he pleaded guilty to two counts of possession of firearms by a felon after the district court applied …
Decided: June 26, 2013
The Fourth Circuit Court of Appeals reversed and remanded with instructions to quash the writ of garnishment filed by the Carpenters Pension Fund of Baltimore, Maryland (“the Fund”) against the Maryland …
Decided: June 24, 2013
The Fourth Circuit vacated Zavier Marquis Davis’ consolidated sentence for multiple violations of North Carolina state law and remanded the case for resentencing holding that a consolidated sentence under North Carolina …
Decided: June 20, 2013
The Fourth Circuit held that the United States District Court for the District of South Carolina properly applied the offense level of attempted second-degree murder to James Ashford’s conviction of illegal …