Family Is ‘Social Group’ for Review of Removal Order

Disability Benefits Claim Remanded

By Deborah Elkins
Published: December 13, 2011
Tags: 4th U.S. Circuit Court of Appeals, Judge Diana Gribbon Motz, Social Security

A claimant who suffered back, wrist and shoulder injuries when he fell 25 feet from a deer stand has his claim for social security disability benefits remanded to the Appeals Council because the 4th Circuit cannot determine from the record if substantial evidence supports the denial of benefits. The administrative law judge (ALJ) concluded claimant [...]

No Jurisdiction to Hear PPACA Case

By Deborah Elkins
Published: September 14, 2011
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Diana Gribbon Motz

The 4th Circuit has no jurisdiction to hear Liberty University’s constitutional challenge to the “individual mandate” of the Patient Protection and Affordable Care Act, as the federal Anti-Injunction Act strips the federal court of jurisdiction; the 4th Circuit vacates the district court decision upholding the individual mandate and remands the case for dismissal. Liberty University [...]

Virginia Has No Standing to Challenge PPACA

By Deborah Elkins
Published: September 14, 2011
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Diana Gribbon Motz

The Commonwealth of Virginia does not have standing to challenge the “individual mandate” to maintain health insurance, a provision of the federal Patient Protection and Affordable Care Act, and a Virginia statute that purports to limit enforcement of the federal statute does not confer standing; the 4th Circuit vacates the district court decision that found [...]

En Banc Court Vacates Enhanced Sentence

By Deborah Elkins
Published: August 29, 2011
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Diana Gribbon Motz

The en banc 4th Circuit vacates a North Carolina defendant’s federal drug trafficking sentence that was enhanced because of a prior state conviction for marijuana possession, in light of a U.S. Supreme Court decision from last year that casts doubt on the practice of treating minor state crimes as serious felonies. After defendant Jason Simmons [...]

Prosecutor Discretion Limited on Sentence Reduction

By Deborah Elkins
Published: July 6, 2011
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Diana Gribbon Motz

In order to qualify for a one-level sentence reduction for acceptance of responsibility, a defendant need only timely notify prosecutors of an intention to enter a guilty plea; departing from a standard adopted by other circuits, the 4th Circuit says a district court erred in denying the sentence reduction when the government made no motion [...]

Federal appeals court hears first healthcare law cases

By Deborah Elkins
Published: May 10, 2011
Tags: Attorney General Ken Cuccinelli, Federal Courts, Health Care Bill, Judge Andre M. Davis, Judge Diana Gribbon Motz, Judge Henry E. Hudson, Judge James A. Wynn Jr., Judge Norman K. Moon

The legal battle over the federal health care act has made it to the next level. The 4th U.S. Circuit Court of Appeals heard arguments May 10 in the first two cases to advance from the trial court level to a federal appeals court, en route to a likely showdown in the U.S. Supreme Court. [...]

Signature Requirement for Referendum Petition Upheld

By Deborah Elkins
Published: April 5, 2011
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Diana Gribbon Motz

The 4th Circuit upholds dismissal of a § 1983 suit filed by appellant against Howard County, Md., officials after the county rejected appellant’s petition for a referendum to challenge a bill that would substantially increase the size of a neighborhood grocery store, because the signatures did not meet state law requirements. Pursuant to the Maryland [...]

M. Blane Michael

By Virginia Lawyers Weekly
Published: April 4, 2011
Tags: Federal Courts, Judge Diana Gribbon Motz

M. Blane Michael, a judge for the 4th U.S. Circuit Court of Appeals since 1993, has died at age 68. Michael’s family announced his death through the Richmond-based court on March 25, but did not elaborate on the cause of death. Among the charities the family suggested for memorial gifts was the Preston Robert Tisch [...]

Employer faces harassment trial for third-party acts

By Deborah Elkins
Published: March 7, 2011
Tags: Employment Discrimination, Federal Courts, Judge Diana Gribbon Motz, Judge Robert B. King, Judge Roger L. Gregory

When an employee of your biggest client is sexually harassing your employee, it’s a tough situation to manage. The 4th U.S. Circuit Court of Appeals hasn’t officially looked at whether an employer can be liable for harassment by non-employees. But three members of the court tip their hand in a new unpublished opinion that lets [...]