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

4th Cir.: “Habitual drunkard” interdiction laws upheld (access required)

A district court properly dismissed constitutional challenges to Virginia’s civil interdiction process, which can lead to criminal penalties for possession, consumption, or purchase of alcoholic beverages by individuals subject to a civil interdiction order. Background Virginia regulates the consumption, purchase, ...

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4th Cir.: Homestead had no notice of ice near walkway fountain (access required)

A guest at the Omni Homestead did not demonstrate that the hotel had either actual notice of ice she slipped on or constructive notice, based on the hazardous condition allegedly caused by operating the outdoor fountain in sub-freezing conditions. Background ...

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4th Cir.: State water agencies’ review of pipeline effects was sound (access required)

Based on thorough analysis by Virginia’s Department of Environmental Quality, the state Water Control Board had a sufficient basis to certify reasonable assurance that the Mountain Valley Pipeline Project – and the restrictions and protective measures it included – would ...

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4th Cir.: Juror’s voir dire omission demands further inquiry (access required)

In a habeas challenge brought by a defendant on death row for the murder of a Norfolk law enforcement officer, an evidentiary hearing is necessary to determine whether juror bias tainted the conviction. Despite a straightforward inquiry by trial counsel, ...

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4th Cir.: Substitute judge erred in granting reconsideration (access required)

After the initial trial judge’s retirement, the re-assignment judge erred in reconsidering and effectively reversing a highly fact-dependent decision to recognize the defendants’ immunity from suit. The reconsideration exceeded the bounds of Rule 54. Background Defendants Jason Carpenter, Christopher Small, ...

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4th Cir.: Federal agencies’ pipeline permissions vacated (access required)

Authorizations granted by U.S. Interior Department agencies for the Atlantic Coast Pipeline were arbitrary and capricious, failing to provide required explanations for key aspects of the underlying analysis. Background The Atlantic Coast Pipeline is a 600-mile pipeline designed to transport ...

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4th Cir.: Fraud conspirator must forfeit only her own proceeds (access required)

Under recent U.S. Supreme Court precedent, a defendant convicted in a mortgage fraud conspiracy could not be ordered to forfeit the total amount of losses from the conspiracy – over $1.5 million – when she personally had received only $231,000 ...

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4th Cir.: District court couldn’t hear pipeline challengers’ suit (access required)

Congress stripped district courts’ jurisdiction to hear the claims of landowners challenging provisions of the Natural Gas Act, under which Mountain Valley Pipeline obtained administrative approval to begin construction. The district court properly dismissed their suit. Background The Plaintiffs are ...

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4th Cir.: Each wrongly fired officer was a distinct insurance claim (access required)

The district court erred in finding that three police officers, fired in retaliation for their joint action, represented a single claim for municipal insurance purposes. Thus, the per-claim policy limit applied to each officer individually, rather than the trio as ...

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