Where the Clean Water Act prohibits a civil action where a state agency has commenced and is diligently prosecuting an action under a state law comparable to the federal scheme for assessing civil penalties, the lawsuit here could proceed although ...Read More »
Where voters filed a challenge with the North Carolina board of elections, alleging that Madison Cawthorn was ineligible for office because of his conduct in connection with the Jan. 6, 2022, insurrection, the district court erred when it held the ...Read More »
The Board of Immigration Appeals, or BIA, erred when it found a petitioner ineligible for waiver of removal because his U.S. citizen father was no longer living, the 4th U.S. Circuit Court of Appeals has ruled. In an opinion written ...Read More »
Where the U.S. Supreme Court previously addressed the proper standard for holding a creditor in civil contempt for attempting to collect a debt that a Chapter 7 discharge order has immunized from collection, that rule also applied in a Chapter ...Read More »
Where the attorney general has discretion to waive removal for an alien who is the son of a U.S. citizen, the board erred by concluding that a deceased parent is not a qualifying relative for waiver eligibility. Nothing in the ...Read More »
Where the defendant was handcuffed on the ground and had no access to his bag at the time it was searched by officers, the search was unlawful. Neither the bag nor the defendant posed any danger to the officers at ...Read More »
Three Virginia federal judgeships have been filled recently as the U.S. Senate confirmed more of President Joe Biden’s judicial nominees. Patricia Tolliver Giles and Michael S. Nachmanoff were confirmed to seats on the U.S. District Court for the Eastern District ...
Tagged with: 4th U.S. Circuit Court of Appeals Judge Michael S. Nachmanoff Judge Patricia Tolliver Giles Judge Toby Heytens Judges Judgeships President Joe Biden U.S. District Court - Eastern DistrictRead More »