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

4th Cir.: On deferential review, court’s “pause” shows consideration (access required)

At a revocation hearing, a district court asked to reconsider imposing the maximum sentence based on hardship to the defendant’s family did in fact consider that mitigating factor, as shown by the court’s response of “all right” and a subsequent ...

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4th Cir.: Convictions upheld for terrorism fundraisers (access required)

The district court did not err in convicting and sentencing two U.S. citizens who engaged in online fundraising activities for a foreign terrorist organization. The evidence supporting the convictions – obtained through ex parte, in camera FISA review – was ...

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4th Cir.: Agency analysis of small-refinery exemption is flawed (access required)

Despite past efforts to improve its approach, the Department of Energy’s recommended analysis of economic hardship on small fuel refineries attempting to comply with federal renewable fuel standards is facially flawed. In considering a petition for a small-refinery exemption, the ...

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4th Cir.: Medicaid payment-adjustment policy invalid (access required)

A U.S. Department of Health & Human Services policy for “payment adjustment” calculations by hospitals serving disproportionately needy populations is legislative in nature and should have been promulgated through notice-and-comment rulemaking. Thus, the policy cannot be enforced against a Virginia ...

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Important Opinions January – June 2018 (access required)

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The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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4th Cir.: City had no duty to protect public from unruly kids (access required)

Despite not providing school transportation to students with known disciplinary problems, municipal entities had no duty to stop the students from harming residents of the neighborhoods the students traversed to reach school. Background Richard Fletcher and his wife lived just ...

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4th Cir.: To trigger Simmons, state argument must look forward (access required)

A serial killer, sentenced to death under North Carolina law, did not have a constitutional right to inform his sentencing jury that he was ineligible for parole. This right, which accrues when the prosecutor points to the defendant’s future danger ...

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4th Cir.: Federal statute’s immunity waiver not valid (access required)

The federal Copyright Remedy Clarification Act’s broad abrogation of states’ sovereign immunity for copyright infringement was not a valid exercise of Congressional authority, either under Article I’s Copyright Clause or § 5 of the Fourteenth Amendment. Background In 1717, the ...

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4th Cir.: Company’s agreement with feds preserved privilege for subsidiary’s disclosures (access required)

A written agreement between a corporation and the government preserved the company’s attorney-client privilege and work-product protection for information that the general counsel of a subsidiary entity disclosed to the government. Background Several years ago, federal prosecutors opened a grand ...

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