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Tag Archives: 4th U.S. Circuit Court of Appeals

Court Cautions Against ‘Drive-By’ Jurisdiction Rulings (access required)

Invoking the Supreme Court’s warning against “drive-by jurisdictional rulings,” the 4th Circuit sorts out the differences between motions under 12(b)(1) and 12(b)(6) and reverses the district court’s dismissal of a Jones Act claim, saying plaintiff’s allegation of injury to his ...

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Appeal of I-81 Widening Project Dismissed (access required)

The 4th Circuit dismisses an appeal by environmental and preservation organizations that challenge federal and state agencies’ planned improvements to Virginia’s Interstate 81 corridor under a tiered review process. Appellants challenged the plan by the Federal Highway Administration and the ...

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States Can’t Get Forfeited Escrow Funds (access required)

The 4th Circuit vacates a district court forfeiture order for funds escrowed by defendant cigarette manufacturer, a nonparticipant in the tobacco-litigation settlement agreement who was prosecuted for tobacco-related crimes, because the district court granted an interest in the escrowed funds ...

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Purchase Contract Noncompete Not Too Broad (access required)

The 4th Circuit reverses summary judgment for defendant service-station operator in plaintiff fuel distributor’s suit to enforce a restrictive covenant that was part of a Purchase Sale Agreement and deed and prohibited the service-station operator from selling non-BP branded products ...

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