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

4th Cir.: Faulty permit filings foreclosed property interest (access required)

When a BMW store applied for a renovation permit but then performed a demolition instead, the City of Rockville, Maryland, revoked the previously-granted permit. The company’s initial permit applications contained material misrepresentations, so it had no property interest that could ...

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4th Cir.: Local bankruptcy court rule held invalid (access required)

The Eastern District of Virginia’s Local Bankruptcy Rule 3070-1(C), which allows for dismissal without hearing, conflicts with the requirements of 11 U.S.C. § 1307. Background In January 2017, the Eastern District’s bankruptcy trustee certified under Local Bankruptcy Rule 3070-1(C) that ...

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4th Cir.: Preponderance standard governs Lanham Act fees (access required)

As in the Patent Act, a party prevailing on a Lanham Act claim need only prove an “exceptional” case meriting a fee award by a preponderance of the evidence. And no showing of bad faith is required. Background Appellant XYZ.com ...

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4th Cir.: Flight to Thailand didn’t show “responsibility” (access required)

The district court did not err in declining to reduce the defendant’s sentence on grounds that he accepted responsibility for his offenses, since he fled the country before his initial sentencing hearing. However, the defendant should have been granted leave ...

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4th Cir.: Local bankruptcy court rule held invalid (access required)

The Eastern District’s Local Bankruptcy Rule 3070-1(C), which allows for dismissal without hearing, conflicts with the requirements of 11 U.S.C. § 1307. Background In January 2017, the bankruptcy trustee certified under Local Bankruptcy Rule 3070-1(C) that Debtor-Appellant Sarah No had ...

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4th Cir.: Court debtors’ challenge to driving suspension remanded (access required)

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. The ...

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Appeals court: pardons render resentencing hearing moot

RICHMOND (AP) A federal appeals court says a man who received two partial pardons from Virginia governors is not entitled to further judicial review. Travion Blount was initially sentenced to six life terms for his role in a 2006 Norfolk ...

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4th Cir.: Court didn’t explain rejection of mental health mitigation (access required)

When asked to impose a shorter sentence based on the defendant’s well-documented history of mental illness, the sentencing court was required to explain why it rejected such mitigation. Defense counsel had argued that the defendant’s multiple death threats sent to ...

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4th Cir.: Insurer has no duty to defend Love murder defendant (access required)

This litigation arises out of the tragic death of Yeardley Love, a University of Virginia student who died in 2010. Another student, George Huguely, was convicted of her murder. His petition for a writ of habeas corpus is pending. Yeardley’s mother, ...

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