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

Judges question roadblock to sentence review (access required)

4tth Circuit Seal FEA

A panel of federal appeals judges had sharp questions last month about why federal prosecutors are resisting a fix for a drug defendant sentenced to 12 years in prison under a mistaken standard. A mutual mistake about application of a ...

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4th Cir.: UIM policy didn’t apply to rental truck incident (access required)

After an underinsured motorist caused death and injury to two of the insured’s contractors, limitations in the UIM policy’s declarations page were dispositive in determining whether the contractors’ vehicle was covered. Background Carlos Castillo and Marco Gabarette were independent contractors ...

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4th Cir.: Pleading standard clarified for CWA discharge claims (access required)

On an issue of first impression in this circuit, plaintiffs in citizen suits under the Clean Water Act must allege a “direct hydrological connection” between ground water and navigable waters in order to state a claim for a discharge of ...

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4th Cir.: State law targeting drug prices struck down (access required)

By effectively controlling drug prices charged in other states, Maryland’s newly-enacted law targeting pharmaceutical price-gouging violates the dormant Commerce Clause. Background In response to reports that pharmaceutical manufacturers were price-gouging for certain medications, Maryland’s legislature passed HB 631 during the ...

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4th Cir.: Va.’s obstruction offense not a crime of moral turpitude (access required)

The Board of Immigration Appeals erred in concluding that Virginia’s obstruction-of-justice offense qualified as a “crime involving moral turpitude” that heightened the burden on an immigrant petitioner challenging his removal. Background Petitioner Jose Ramirez, a citizen of El Salvador, first ...

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4th Cir: Attempts to confuse witness supported tampering conviction (access required)

Although the defendant advised a federal witness to just “tell the truth,” a jury reasonably found that her motives were criminal when she met the witness at the request of their mutual friend who was facing trial. Background In 2014, ...

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4th Cir.: Contempt, sanctions for infringement affirmed (access required)

The district court did not err in holding a childcare center in contempt for violating the terms of an injunction related to use of the word “rainbow.” The center was liable for liquidated damages and attorneys’ fees, plus the cost ...

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4th Cir.: With pedophilia diagnosis rejected, commitment ends (access required)

The district court did not err in finding that a developmentally disabled individual, civilly committed as a sexually violent predator, no longer met the criteria for continued commitment and must be released. Background Appellant Walter Wooden was born in 1956 ...

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