Just who can foreclose?

No Torture Claim Against Chemical Company

By Deborah Elkins
Published: September 20, 2011
Tags: 4th U.S. Circuit Court of Appeals, Judge Albert Diaz, Tort

Kurdish victims of mustard gas attacks in northern Iraq in the late 1980s have not stated claims under the Torture Victim Protection Act or the Alien Tort Statute against defendant chemical manufacturer, who allegedly sold thiodiglycol to Saddam Hussein; the 4th Circuit upholds dismissal of the claims against defendant corporation. In granting defendant Alcolac’s motion [...]

State Settled Drug Company Claim, Lost Medicaid Funds

By Deborah Elkins
Published: July 13, 2011
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge Albert Diaz

The 4th Circuit upholds an administrative ruling that sustained a disallowance of federal funding for West Virginia’s Medicaid program based on the state having failed to credit to the federal government a share of its settlement against a drug company for allegedly overcharging; the unambiguous text of the governing statute authorized the disallowance and agency [...]

No Relief from Removal for ‘Inconclusive’ Record

By Deborah Elkins
Published: June 8, 2011
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Albert Diaz

A lawful permanent resident, from former Jordanian territory, loses his challenge to the Board of Immigrations Appeals’ decision that he is removable and ineligible for cancellation of removal, due to his criminal record, which includes a Virginia conviction for petit larceny, third or subsequent offense; the 4th Circuit says the proffer of an “inconclusive” record [...]