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

Fraudulent transfer claim still timely after arbitration (access required)

After an arbitration agreement was confirmed, the plaintiff alleged in district court that the consulting company fraudulently transferred assets to its individual owner, leaving no assets to satisfy the judgment. Although the district court dismissed the fraudulent transfer and a ...

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Environmental groups’ challenge to pipeline rejected (access required)

The Sierra Club and other environmental groups failed to persuade the court that Virginia erred in issuing permits required for the construction of the Atlantic Coast natural gas pipeline. Background The Atlantic Coast Pipeline is a proposed interstate natural gas ...

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Mitigation evidence should have been considered (access required)

The trial court erred in not addressing important mitigation evidence related to defendant’s mental health or how his mental health issues caused him to pursue litigation strategies that were contrary to his own interest and consequently raised his sentencing exposure. ...

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Agreement was insurance contract, arbitration clause void (access required)

Having determined that the policies at issue constituted an insurance contract under Virginia law, the court said a private day school was not required to submit its dispute to arbitration because the agreement containing the arbitration clause is part of ...

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Ban of constituent from Facebook page violated First Amendment (access required)

Although neither the U.S. Supreme Court nor any Circuit has addressed whether a governmental social media page constitutes a public forum, the court found aspects of the Loudoun County Board chair’s Facebook page bear the hallmarks of a public forum. ...

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‘Incumbent Protection Act’ is unconstitutional (access required)

In rejecting the commonwealth’s challenge to a decision that the “Incumbent Protection Act” violates the First Amendment, the court found the law’s operative provisions are unconstitutional and impose a “severe” burden on the associational rights of Virginia’s political parties. Background ...

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Statute tolled on 1983 claim while remedies are exhausted (access required)

Students from the University of Virginia law school persuaded the court to join other circuits in holding the statute of limitations was equitably tolled during the period the prisoner was exhausting his administrative remedies, thus making his § 1983 excessive ...

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