In Archstone Multifamily Series I Trust v. Niles Bolton Assoc., No. 09-1453, the Fourth Circuit faced a challenge to the district court’s grant of summary judgment in favor of defendant and denial of plaintiff’s motion to amend its complaint to include a claim for contribution in a suit for express and implied indemnity, breach of [...]
In US v. Bergbauer, No. 08-2054, the Fourth Circuit faced a challenge to a district court’s grant of summary judgment to the government establishing defendants’ federal tax liability in concluding that the sale of defendant’s interest in a subsidiary of Ernst & Young LLC was a fully taxable event in the year 2000.
In affirming the [...]
In US v. Ayala, No. 07-4577, the circuit court dealt with an appeal following the prosecution of members of a violent street gang under various statutes, including the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Violent Crimes in Aid of Racketeering (VICAR) statute.
Defendants’ convictions and sentences are affirmed as: 1) the court rejects [...]
In US v. Ayala, No. 07-4577, the circuit court dealt with an appeal following the prosecution of members of a violent street gang under various statutes, including the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Violent Crimes in Aid of Racketeering (VICAR) statute.
Defendants’ convictions and sentences are affirmed as: 1) the court rejects [...]
The Fourth Circuit decided a immigration matter and a criminal case involving a defendant’s challenge to his sentence under the armed career criminal enhancement.
In Cervantes v. Holder, No. 09-1519, the court faced a challenge to the BIA’s decision affirming the IJ’s denial of an application for temporary protected status by two brothers from Honduras, whose [...]
In News & Observer Publ’g Co. v. Raleigh-Durham Airport Auth., the Fourth Circuit decided a First Amendment case involving a newspaper publishers’ challenge to a public airport’s total ban on newspaper racks inside its terminals.
As stated in the decision: “The record reflects that travelers had trouble buying newspapers from the shops. There were instances of [...]
In In Re: Kirkland, No. 09-1379, the court addressed the issue of whether a bankruptcy court had jurisdiction to determine post-petition interest and collection costs to which the creditor was entitled as the result of a default on a student loan that occurred after Chapter 13 estate was closed and the debtor discharged.
As stated in [...]
In US v. Llamas, No. 09-4045, the court faced a challenge to a conviction for multiple offenses arising from defendant’s role in fraudulent sweepstakes scheme, a 132 month sentence and restitution order exceeding $4.2 million. In affirming the conviction and the sentence, the court rejected defendant’s arguments including, that the district court erred in applying an [...]
In Golden & Zimmerman, LLC v. Domenech, No. 09-1534, the Fourth Circuit addressed plaintiffs’ claim that an answer to a “frequently asked question” in the “Federal Firearms Regulations Reference Guide 2005,” published by the ATF, was inconsistent with the Gun Control Act.
The plaintiffs’ main contention was that the particular answer at issue in the reference [...]
In US v. Purdue Pharma L.P., No. 09-1202, the Fourth Circuit decided a plaintiff’s qui tam action involving claims tha this former employer defrauded the government by marketing its pain-relief drug, OxyContin as a cheaper alternative to another drug made by the employer.
As stated in the decision: “When the government is unaware of potential FCA [...]