In In re Gates, No. 09-4125, the Fourth Circuit faced a challenge to district court’s contempt conviction of a criminal defense attorney for failing to appear in court on time for a plea hearing.
As stated in the decision: “It has long been the rule in the Fourth Circuit that the mere failure to appear [...]
US v. Carter, No. 09-4451, involved a challenge to a district court’s imposition of an enhanced sentence for a possession with intent to distribute cocaine base conviction. Defendant argued that the district court clearly erred in applying the enhanced sentence in finding that he recklessly created a substantial risk of serious bodily injury when he [...]
Whitten v. Fred’s, Inc., No. 09-1265, involved a challenge to the district court’s grant of summary judgment against the plaintiff in her sexual harassment suit against her former employer.
In addressing procedural issues not considered by the district court, the court held that the plaintiff properly exhausted state administrative remedies and timely filed her lawsuit. [...]
The Fourth Circuit decided two immigration cases and a 42 U.S.C. section 1983 case involving whether defendants are liable for a child who has been involuntarily removed from her home by state social workers and knowingly placed in a dangerous foster care environment.
In Doe v. S. Carolina Dep’t of Soc. Servs., No. 08-2161, the court [...]
Whitten v. Fred’s, Inc., No. 09-1265, involved a challenge to the district court’s grant of summary judgment against the plaintiff in her sexual harassment suit against her former employer.
In addressing procedural issues not considered by the district court, the court held that the plaintiff properly exhausted state administrative remedies and timely filed her lawsuit. [...]
US v. Carter, No. 09-4451, involved a challenge to a district court’s imposition of an enhanced sentence for a possession with intent to distribute cocaine base conviction. Defendant argued that the district court clearly erred in applying the enhanced sentence in finding that he recklessly created a substantial risk of serious bodily injury when he [...]
In In re Gates, No. 09-4125, the Fourth Circuit faced a challenge to district court’s contempt conviction of a criminal defense attorney for failing to appear in court on time for a plea hearing.
As stated in the decision: “It has long been the rule in the Fourth Circuit that the mere failure to appear [...]
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 [...]
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. 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 [...]