Injured Seaman Must Arbitrate Claims

Wildlife Refuge Permit Decision Vacated

By Deborah Elkins
Published: June 19, 2012
Tags: 4th U.S. Circuit Court of Appeals, Environmental, Judge Robert B. King

The “Friends of Back Bay” win their challenge to a Clean Water permit issued by the Army Corps of Engineers to a developer who wants to build a mooring facility and concrete boat ramp about 3,000 feet from the Back Bay National Wildlife Refuge in Virginia Beach; the 4th Circuit vacates a decision upholding the [...]

No Habeas for Good-Time Credit Claim

By Deborah Elkins
Published: June 6, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Robert B. King

A North Carolina prisoner whose 1975 death sentence was commuted to life in prison loses his challenge to the state’s application of “good time” credits to allegedly extend his sentence beyond his effective release date; the 4th Circuit upholds the district court decision that the prisoner’s habeas petition under 28 U.S.C. § 2254 is time-barred [...]

‘Piracy’ Case Can Go Forward

By Deborah Elkins
Published: June 6, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Robert B. King

In light of its decision in U.S. v. Dire [VLW 012-2-119], the 4th Circuit vacates a district court’s dismissal of indictments charging five Somali nationals with piracy under 18 U.S.C. § 1651; the appellate court says the lower court erred in holding that robbery was an element of the offense and defendants could not be [...]

Robbery Not Element of ‘Piracy’ Crime

By Deborah Elkins
Published: June 6, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Robert B. King

The 4th Circuit upholds piracy convictions of five Somali nationals under 18 U.S.C. § 1651, even though they did not seize or rob the U.S. Navy vessel in the Indian Ocean off the coast of Africa, but only boarded as captives. Defendants imprudently launched an attack against the USS Nicholas, having confused the mighty Navy [...]

‘Abu Ghraib’ Appeals Dismissed

By Deborah Elkins
Published: May 16, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge Robert B. King, Tort

On rehearing en banc, the 4th Circuit says it has no jurisdiction to consider appeals by Iraqis who were detained and tortured at Abu Ghraib military prison and elsewhere and whose tort claims against defendant government contractors were partly dismissed by federal courts. Following the 2003 invasion of Iraq, the U.S. military took control of [...]

Officer Faces Trial after ‘Impersonation’ Arrest

By Deborah Elkins
Published: May 2, 2012
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Robert B. King

A Fairfax County police officer could not objectively and reasonably have believed plaintiff was impersonating a police officer in violation of a Virginia statute when plaintiff, a psychologist who served as deputy director of a Maryland county correctional department, had a badge in her pocket, used air quotes to refer to her county-provided “police car,” [...]

No Jurisdiction After Administrator Remand

By Deborah Elkins
Published: April 27, 2012
Tags: 4th U.S. Circuit Court of Appeals, Employment, Judge Robert B. King

The 4th Circuit dismisses for lack of subject matter jurisdiction a plaintiff’s ERISA suit challenging termination of his long-term disability benefits; the district court order denying both parties’ motions for summary judgment and remanding the case to the plan administrator was not appealable under the collateral order doctrine. Although we have not addressed the question [...]

‘Terrorism’ Sentencing Enhancement OK’d

By Deborah Elkins
Published: April 10, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Robert B. King

After twice vacating and remanding defendant’s sentencing enhancement on his conviction of conspiring to provide material support to terrorists, the 4th Circuit on the third go-round upholds defendant’s 180-month sentence, including the federal guidelines’ enhancement for the “federal crime of terrorism.” Pakistani national Ali Asad Chandia’s convictions resulted from a government investigation of a terrorist [...]

Congressman’s Convictions Affirmed

By Deborah Elkins
Published: April 2, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Robert B. King

The 4th U.S. Circuit Court of Appeals upholds multiple fraud convictions of former Louisiana Congressman William J. Jefferson, with the exception of a wire fraud conviction that is vacated for improper venue. In August 2009, former Louisiana congressman William J. Jefferson was convicted in the Eastern District of Virginia of 11 offenses — including conspiracy, [...]