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

Black Lung Benefits – ‘Operator’ – Definition Change – Subsequent Rehire (access required)

Frontier-Kemper Constructors, Inc. v. Director, Office of Workers’ Compensation Programs (VLW No. 017-2-206, 13 pp.) (Diaz, J.) 16-1849; Nov. 30, 2017; on petition for review from the Benefits Review Board; 4th Cir. Holding: When the claimant first worked for petitioner’s ...

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Possession of a Firearm by a Felon – Sentencing Level – Common Law Robbery (access required)

U.S. v. Gattis (VLW No. 017-2-207, 22 pp.) (Niemeyer, J.) 16-4663; Dec. 4, 2017; USDC at Raleigh, N.C. 4th Cir. Holding: Although the North Carolina offense of common law robbery does not qualify as a “violent felony” under the force ...

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Public Employees – Constitutional – First Amendment – Political Activism – Schools & School Boards – Inappropriate Comments (access required)

Penley v. McDowell County Board of Education (VLW No. 017-2-203, 31 pp.) (Thacker, J.) (Wilkinson J., concurring) 16-2034; Nov. 28, 2017; USDC at Asheville, N.C. (Cogburn J.) 4th Cir. Holding: A state house member allegedly threatened the plaintiff-teacher – who ...

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Public Employees – Constitutional – Free Speech & Association – Assistant State’s Attorney (access required)

Borzilleri v. Mosby (VLW No. 017-2-184, 13 pp.) (Wilkinson, J.) No. 16-1751; Oct. 17, 2017; USDC at Baltimore, Md. (Motz, S.J.) 4th Cir. Holding: Since assistant state’s attorneys implement the policies of their elected bosses, the newly elected defendant-state’s attorney ...

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Infringement, fraud verdict of $79M upheld (access required)


In a fraud and copyright infringement case involving competing computer software companies, a Carolina-based judge’s ruling trumps a decision made across the pond, according to the 4th U.S. Circuit Court of Appeals. The SAS Institute Inc., which is headquartered in ...

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4th Circuit: ‘Peace Cross’ violates Constitution (access required)


BALTIMORE—A 40-foot tall cross erected as a World War I memorial on state-owned land in Bladens­burg, Maryland, violates the con­stitutional separation of church and state, the 4th U.S. Circuit Court of Appeals ruled Oct. 18. “The monument has the primary ...

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