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Decided: May 14, 2014
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 …
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 …
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 …
Decided: May 7, 2014
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 …
Decided: May 6, 2014
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.
In 1997 Vassell …
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 …
Decided: May 5, 2014
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 …
Decided: May 1, 2014
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.
Johnnie Collins …
Decided: April 30, 2014
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 …
Decided: April 30, 2014
The Fourth Circuit held that the district court correctly denied Colgate Palmolive Company’s (Colgate) motion for vacatur seeking to strike the order remanding the case to state court.
Two plaintiffs filed …
Decided: April 30, 2014
The Fourth Circuit vacated the Appellant’s conviction and sentence, and remanded the case because the district court violated the Appellant’s right to have a jury determine his guilt beyond a reasonable …
Decided: April 29, 2014
The Fourth Circuit held that the evidence was sufficient to support the defendant’s conviction; the district court’s sentencing enhancement for defendant’s use of a minor in the commission of a crime …
Decided: April 28, 2014
The Fourth Circuit held that, absent extraordinary circumstances, Chapter 7 trustees must be paid on a commission basis, as required by 11 U.S.C. § 330(a)(7). Thus, the Court reversed and remanded …
Decided: April 23, 2014
The Fourth Circuit affirmed Terry McVey’s seventy-eight-month sentence, holding that the district court did not clearly err when applying a two level sentencing enhancement to his distribution of child pornography conviction.…
Decided: April 17, 2014
The Fourth Circuit reversed the district court’s finding that a resulting trust severed the plaintiff’s legal and equitable interests in property. Thus, the Fourth Circuit stated that the district court’s judgment …