Sentence Enhancement for Duplicates of Child Porn Image

Homeowners’ HAMP & Contract Claims Dismissed

By Deborah Elkins
Published: April 24, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge Andre M. Davis, Real Estate

Maryland homeowners who were denied a mortgage loan modification under the federal Home Affordable Modification Program cannot sue their mortgage servicer Wells Fargo Bank under HAMP or under various state law theories of recovery, and the 4th Circuit upholds dismissal of their lawsuit. HAMP has given rise to a large number of civil claims by [...]

Court Can’t Review Beach Protection Claim

By Deborah Elkins
Published: April 22, 2013
Tags: 4th U.S. Circuit Court of Appeals, Environmental, Judge Paul V. Niemeyer

A district court did not err in dismissing a North Carolina coastal town’s suit seeking to enforce the U.S. Army Corps of Engineers’ alleged commitments to protect adjacent beaches during a project to widen portions of the Cape Fear River navigation channel, and the 4th Circuit affirms dismissal of the suit. The Village of Bald [...]

Trademarking Counterfeiting Convictions Vacated

By Deborah Elkins
Published: April 22, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

In their prosecution of two defendants for a scheme to import and resell counterfeit pieces of computer networking equipment, including some with a Cisco Systems trademark, the government’s theory of prosecution based on a “material alteration” theory of counterfeiting trademarks is not cognizable under the criminal counterfeiting statute on the facts of this case, and [...]

One Signature OK to Remove Case to Federal Court

By Deborah Elkins
Published: April 22, 2013
Tags: 4th U.S. Circuit Court of Appeals, Civil Procedure, Judge Paul V. Niemeyer

Defendant school board’s removal to federal court of a complaint by temporary employees alleging the board and union violated a labor contract by hiring temps for permanent jobs, need not be remanded to state court; the 4th Circuit says a defendant does not need signatures by all lawyers for defendants, but may remove the case [...]

Reclassified Sex Offender Can’t Sue Over School Access

By Deborah Elkins
Published: April 22, 2013
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Allyson K. Duncan

A defendant who, in 1993 was convicted of carnal knowledge of a minor without use of force, for a relationship with a student under her supervision, does not have standing to challenge changes to Virginia law after 2008 classifying her as a violent sex offender who may not enter her children’s school without permission from [...]

Past, Former Owners Share CERCLA Costs

By Deborah Elkins
Published: April 10, 2013
Tags: 4th U.S. Circuit Court of Appeals, Environmental, Judge Diana Gribbon Motz

In these appeals arising from disputes over liability for hazardous substance cleanup at a former fertilizer manufacturing site in Charleston, S.C., the 4th Circuit affirms a trial court order that holds both the current and former owners responsible for costs under the Comprehensive Environmental Response, Compensation and Liability Act. The westernmost 34 acres of the [...]

HOA Has no Standing to Sue Video Provider

By Deborah Elkins
Published: April 10, 2013
Tags: 4th U.S. Circuit Court of Appeals, Civil Procedure, Judge Diana Gribbon Motz

A homeowners’ association did not adequately allege standing to sue a wire-based video services provider on a claim that its contract making it the sole provider to the subdivision violates the FCC Exclusivity Order, but the 4th Circuit says the complaint should have been dismissed without prejudice to allow the HOA to replead. The Federal [...]

HOA Wins Challenge to Exclusive Cable Contract

By Deborah Elkins
Published: April 10, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge J. Harvie Wilkinson III, Real Estate

A cable provider’s exclusive contract to provide cable services to a real estate development violated an FCC order that prohibited such exclusivity arrangements, and the 4th Circuit affirms judgment for the homeowners’ association that successfully challenged the contract. Codified at 47 C.F.R. § 76.2000(a), the Federal Communications Commission’s Exclusivity Order states that no cable operator [...]

Airport Shuttle Driver Must Arbitrate Claims

By Deborah Elkins
Published: April 2, 2013
Tags: 4th U.S. Circuit Court of Appeals, Contract, Judge Barbara Milano Keenan

An arbitration clause in a franchise agreement signed by a driver for an airport shuttle service is not unconscionable because it includes a class action waiver and a requirement to split arbitration fees, and the 4th Circuit vacates the district court decision and remands the case for entry of an order compelling arbitration. Appellant was [...]