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

4th Cir.: La. exemption law can apply to W.V. property (access required)

Debtors who moved from Louisiana to West Virginia could apply Louisiana bankruptcy exemptions to property located in West Virginia, because federal law allowed the debtors to choose a state exemption scheme, and Louisiana law is not limited to in-state property. ...

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4th Cir.: Prosecutor immune for Freddie Gray actions (access required)

Baltimore State’s Attorney Marilyn Mosby is absolutely immune from suit for her statements and prosecution of police officers involved with citizen Freddie Gray on the day he sustained fatal injuries in a police van, and the officers’ claims arising from ...

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4th Cir.: Ship owners liable for crew hiding sludge discharge (access required)

Two Greek entities were vicariously liable for violations of international maritime-pollution laws by their cargo vessel’s crewmembers, as well as for the crewmembers attempts to conceal those violations. Background In 2015, the cargo vessel Ocean Hope – owned and operated ...

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Divided 4th Circuit rejects UIM coverage (access required)

Insurance_FEA

A federal appeals decision denying underinsured motorist coverage for a fatal truck accident has generated “alarm and concern” about the interpretation of millions of Virginia auto insurance policies, according to lawyers for the claimants. A divided panel of the 4th ...

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4th Cir.: No error in denying counsel at sentencing (access required)

A defendant who perpetrated a complicated insurance fraud scheme resulting in more than $100 million in losses was not denied his right to counsel after he repeatedly insisted on proceeding pro se but then requested counsel for his final sentencing ...

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4th Cir.: Rule 9 particularity applies to fraud-based defenses (access required)

An employer’s collective bargaining impasse rights did not override its ERISA obligations to employees hired post-impasse. The employer also didn’t plead its fraud-dependent affirmative defenses with sufficient particularity. Background Appellant Just Born II Inc. and the Bakery, Confectionary and Tobacco ...

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4th Cir.: State disability findings may deserve substantial weight (access required)

An administrative law judge erred in according little weight to a North Carolina Department of Health and Human Services determination that the Social Security claimant qualified as disabled. The ALJ also didn’t consider the limited extent to which the claimant ...

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4th Cir.: Strip club license-denial provision unconstitutional (access required)

A city ordinance empowering the police chief to deny a “sexually oriented business” license application if he determined that the business “would not comply with all applicable laws” was an overbroad prior restraint. Background The City of Rocky Mount, North ...

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4th Cir.: Feds could use artist promo photo for ID array (access required)

The government didn’t violate due process by showing a kidnapping victim a photo array with the defendant’s image cropped from his music group’s promotional poster, which the victim had seen before. Background In the summer of 2012, two U.S. citizens ...

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