Two gun dealers, one from Virginia and one from North Carolina, can’t get the 4th Circuit to overturn a “Frequently Asked Question” in a “Federal Firearms Regulations Reference Guide 2005” published by the Bureau of Alcohol, Tobacco, Firearms and Explosives, ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Paul V. Niemeyer

The 4th Circuit denies a Zimbabwean citizen’s petition for review of a denial of review of a Board of Immigration Appeals decision affirming an immigration judge’s order that she be removed from the U.S. to Zimbabwe, as she as not ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Paul V. Niemeyer

A seller of farm produce has a trust on sale proceeds under the Perishable Agricultural Commodities Act, but the 4th Circuit remands the case for reconsideration of the amount the district court required for payment. Two sellers of perishable agricultural ...

Tagged with: 4th U.S. Circuit Court of Appeals Creditor's Rights Judge Paul V. Niemeyer

Homeowners who changed their mind about refinancing lose their Truth-in-Lending claim against a lender who deducted credit report and appraisal costs from their $500 deposit; the 4th Circuit says the right to rescind under 15 U.S.C. § 1635(a) is available ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Paul V. Niemeyer

A search warrant grounded on probable cause to believe evidence relating to the Virginia crimes of threatening bodily harm and computer harassment would be found on defendant’s home computers and digital media authorized police to search the computers and digital ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Search & Seizure

A fear of “excessive force” is not enough to allow a federal inmate to fight back when facing physical force from prison guards; in a case of first impression, the 4th Circuit says an inmate has a right to self-defense ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer

In this appeal of a South Carolina plaintiff’s class action suit against payday lenders, the 4th Circuit says that a defendant LLC is an “unincorporated association” under 28 U.S.C. § 1332(d)(10), and therefore is a citizen of the state under ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Judge Paul V. Niemeyer