Where the Department of Health and Human Services was enjoined from recouping alleged overpayments of Medicare reimbursements from a health care provider until an administrative proceeding was completed, the injunction was vacated because the provider could seek expedited judicial review ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Paul V. Niemeyer

Although a real estate developer’s agreement to purchase property for residential development fell through because of a pipeline easement held by a gas transmission company, the developer failed to allege claims for inverse condemnation, unlawful taking, breach of contract and ...

Tagged with: 4th U.S. Circuit Court of Appeals Per Curiam Opinion Tort

Where the inmate demonstrated he was denied a meaningful opportunity to shower and exercise while he was in solitary confinement, and the parties disputed whether the denials were sufficiently serious and whether prison officials acted with a sufficiently culpable state ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Per Curiam Opinion

The warrantless forensic searches of defendant’s electronic devices lacked the requisite nexus to the recognized historic rationales justifying the border search exception. Background In April 2015, a minor alerted law enforcement officers that Raymond Idemudia Aigbekaen and another man had ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

Where the district court relied upon an incorrect provision in denying the defendant’s motion for a reduced sentence under the First Step Act of 2018 and the defendant was serving a sentence for a covered offense, the case was remanded. ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge James A. Wynn Jr.

Where a defendant found guilty of being a felon in possession of a firearm under the Armed Career Criminal Act, or ACCA, had his sentenced reduced because of a 2015 Supreme Court decision, the reduction was in error because his ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

Where the defendant made a series of online threats against police officers generally, as well as threats that he was on a “manhunt” for three particular officers, the search warrant was adequately supported. And where he failed to establish that ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan

Two Baltimore police officers charged with robbing citizens during the course of their police work and committing fraud in obtaining overtime pay were unsuccessful in arguing that the evidence was insufficient to hold them liable for racketeering and conspiracy and ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer

Where an insurance provider asked whether it must pay a judgment against one party if another party prevailed in the underlying state court case and the district court resolved issues as part of its declaratory judgment ruling, that ruling was ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Julius N. Richardson

Where police shot at a man 29 times in his dwelling after officers armed with assault rifles entered the home with a warrant to search for drugs and failed to identify themselves as police,  the facts showed an officer’s use ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Barbara Milano Keenan