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Decided: November 29, 2012
The Fourth Circuit affirmed the district court’s denial of a motion to suppress evidence obtained from a dog sniff search of a vehicle. The court concluded reasonable suspicion of criminal activity …
Decided: November 28, 2012
Santander Consumer USA (“Santander”) appealed from the district court’s order denying its motion to compel arbitration and stay court proceedings of Antonia Rota-McLarty’s (“Rota-McLarty”) claims against it. The Fourth Circuit, after …
Decided: November 21, 2012
The Fourth Circuit Court of Appeals held that the Surface Transportation Board’s (“STB”) denial of the Maryland Transit Administration’s (“MTA”) would not be overturned under the arbitrary and capricious standard.
MTA …
Decided: November 21, 2012
Jimmy Martin and Lucky Strike, LLC (appellants) brought an action in the district court to enjoin the enforcement of S.C. Code Ann. §§ 12-21-2710 and 12-21-2712, which prohibit certain “device[s] pertaining …
Decided: November 19, 2012
The Fourth Circuit denied Adriano de Almeida Viegas’s petition for review of the Board of Immigration Appeals’ (“BIA”) denial of Viagas’s petition to obtain relief from removal under the Immigration and …
Decided: November 19, 2012
In this case, the Fourth Circuit affirmed its early opinion in United States v. Edmonds, 679 F.3d 169 (4th Cir. 2012), in which it had concluded that the defendant was properly …
Decided: November 9, 2012
The Fourth Circuit affirmed the constitutionality of 28 U.S.C. §§702 and 704(a), which makes it a crime to knowingly wear unauthorized military uniforms or insignia. The Fourth Circuit also affirmed the …
Decided: November 9, 2012
Martin Mendoza Leiba (“Mendoza”) petitioned the Fourth Circuit Court of Appeals to review a decision by the Board of Immigration Appeals (the “Board”). The Board affirmed the ruling of an immigration …
Decided: November 9, 2012
The Fourth Circuit Court of Appeals reversed a district court opinion that denied the plaintiff-appellant, Earl M. Bird (“Bird”), Social Security Benefits. The Court of Appeals held that the lower court …
Decided: November 8, 2012
The Fourth Circuit denied a Rule 60(b)(4) motion to vacate a civil forfeiture judgment. Although the government failed to meet the 90-day mandatory timeline imposed by 18 U.S.C. § 983(a)(3), Wilson …
Decided: November 5, 2012
Singh sought judicial review of an order of the Board of Immigration Appeals (“the Board”) denying his application for withholding of removal under the Immigration and Nationality Act (“the INA”) and …
Decided: November 2, 2012
The Fourth Circuit Court of Appeals held that Mohamed Ali Samantar is not entitled to head-of-state or foreign official immunity under the common law. Samantar is a former high-ranking government official …
Decided: November 2, 2012
Appellants appealed the district court’s order dismissing their class action complaint in which they claimed that Louisiana-Pacific Corporation (LP) negligently designed and manufactured a composite building product, Trimboard, designed and marketed …
Decided: October 25, 2012
In this case, the Fourth Circuit upheld the revocation of a federal prisoner’s supervised release and subsequent imprisonment for engaging in criminal activity while on release. The court rejected the defendant’s …
Decided: October 25, 2012
In addressing AU Optronics and LG Display’s (together “Defendants”) separate appeals of the District Court of South Carolina’s decisions to remand their cases to South Carolina state court, the Fourth Circuit …