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CWA Permits No Bar to RCRA Claims 

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In plaintiff Maryland residents’ suit under the Resources Conservation and Recovery Act against current and former owners of an industrial property in Baltimore allegedly contaminated by hazardous waste, the district court erred in granting the property owners’ motions to dismiss the statutory claims; the 4th Circuit says RCRA is a comprehensive environmental statute that governs ...

Suit Fails for Unreleased Lien on Home 

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The 4th Circuit affirms summary judgment for a lender in plaintiff’s suit alleging damages from her inability to refinance her home because of a 2013 lien on her home after defendant lender failed to file a certificate of satisfaction in 2004 releasing the deed of trust used in financing her vehicle purchase; plaintiff’s claims are ...

No Liability for Counselor Abuse 

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In this suit filed by a family whose two minor sons were sexually abused in 2005 and 2006 by a child care provider who was a graduate of and previously had worked as a camp counselor at The Citadel’s youth summer camp, the 4th Circuit affirms a decision that The Citadel’s president is not liable ...

No Post-Conviction Relief for Life Sentence 

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A divided 4th Circuit panel denies permission to file a successive motion to a defendant sentenced to life in prison for cocaine conspiracy, with the majority holding that defendant did not satisfy the conditions set by Congress for a successive petition. In 2005, after pleading guilty to conspiracy to distribute cocaine, Raymond Surratt was sentenced ...

Saw Company Group Boycott Claim Survives 

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Plaintiff table-saw manufacturer states an antitrust claim by alleging defendant manufacturers voted to engage in a group boycott of plaintiff’s “active injury mitigation technology” in an effort to reduce their exposure in products liability suits, and a split 4th Circuit panel vacates dismissal of this claim and remands the matter. SD3, LLC and its subsidiary, ...

Panel Splits on Twombly Standard for Antitrust Claim 

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Plaintiff table-saw manufacturer states an antitrust claim by alleging defendant manufacturers voted to engage in a group boycott of plaintiff’s safety technology in an effort to reduce their exposure in products liability suits; on rehearing, a split 4th Circuit panel vacates dismissal of this claim as to certain manufacturers and remands the matter. Plaintiffs SD3 ...

Court Upholds Sale of Attached Vessel 

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In this litigation in the wake of attachment of the vessel Cape Viewer in Chesapeake Bay, the 4th Circuit affirms a district court decision confirming sale of the vessel to intervening plaintiff Noble Chartering Inc. for $8.3 million. Industrial Carriers Inc. (ICI), a defunct maritime shipping company, breached numerous contracts in the final months of ...

Conservation Credit Transaction Was ‘Sale’ 

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The 4th Circuit affirms a decision by the U.S. Tax Court finding that a Virginia LLC’s reported capital contributions on a 2005 federal tax return were properly recognized as gross income. Petitioner Route 231 LLC, a Virginia limited liability company, reported capital contributions of $8,416,000 on its 2005 federal tax return. This number reflected $3,816,000 ...

Somali Citizen’s ‘Alien Tort’ Claim Dismissed 

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The 4th Circuit upholds a district court decision that dismissed plaintiff Somali citizen’s claims under the Alien Tort Statute against defendant, a Somali National Army officer who now lives in Virginia, for plaintiff’s alleged torture in Somalia in 1987; the court also affirms the holding that defendant was not entitled to immunity as a foreign ...

Magazine Story Did Not Bar FCA Suit 

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Relators who alleged in their first-amended complaint that defendant security training company defrauded the government by falsifying weapons qualification scores for their security contractors are not barred from pursuing their False Claims Act suit by the subsequent discussion of the weapons qualifications scheme in an article in Wired.com magazine; the 4th Circuit vacates the district ...

Unfair Competition Claim for Drug-Name Use 

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In this Lanham Act case asserting un­fair competition in the use of the “Fla­nax” trademark for pain medication sold in the U.S. and in Mexico, the 4th Circuit says Bayer is entitled to bring its unfair competition claims under Lanham Act § 43(a) and its challenges to cancella­tion of a trademark under § 14(e); the ...

No Racketeering-Murder Charge for Juvenile 

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A district court did not err in refusing to transfer a juvenile offender to be pros­ecuted as an adult for murder in aid of racketeering, which carries a mandatory statutory penalty of either death or life imprisonment; in light of U.S. Supreme Court decisions that a juvenile offender cannot be sentenced to the death pen­alty ...

Unmet Deadlines Doomed Trust Tenant 

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In a charitable trust’s suit against its tenant under a 1991 lease that required the tenant, the Zoroastrian Center, to build a worship center in Vienna, Virgin­ia, in accordance with a series of dead­lines, the 4th Circuit affirms a decision that the Center breached the lease by failing to meet the extended deadlines for temple ...

Hospitals Must Bargain with Nurses’ Union 

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The 4th Circuit grants enforcement of a National Labor Relations Board order re­quiring two West Virginia hospitals to bar­gain with the duly elected representatives of the National Nurses Organizing Com­mittee representing their employees; nei­ther the board’s lack of a quorum during a portion of these proceedings, nor the hos­pitals’ procedural objections to the order, require ...

Unmet Deadlines Doomed Trust Tenant 

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In a charitable trust’s suit against its tenant under a 1991 lease that required the tenant, the Zoroastrian Center, to build a worship center in Vienna, Virgin­ia, in accordance with a series of dead­lines, the 4th Circuit affirms a decision that the Center breached the lease by failing to meet the extended deadlines for temple ...

Hospitals Must Bargain with Nurses’ Union 

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The 4th Circuit grants enforcement of a National Labor Relations Board order re­quiring two West Virginia hospitals to bar­gain with the duly elected representatives of the National Nurses Organizing Com­mittee representing their employees; nei­ther the board’s lack of a quorum during a portion of these proceedings, nor the hos­pitals’ procedural objections to the order, require ...

No ‘Equitable Tolling’ for Jamaican’s Case 

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A Jamaican citizen admitted as a lawful permanent resident in 1996 but removed to Jamaica in 2013 because of multiple state court marijuana convictions has not shown that his logistical and communications dif­ficulties in pursuing his immigration case while in Jamaica justified applying the equi­table tolling doctrine to consider his petition timely; the 4th Circuit ...

Bank Manager Can Try FMLA Claim 

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A project construction manager for the Federal Reserve Bank who suffered from major depression and alcoholism can try his claim that his former employer interfered with his FMLA rights by providing him defective notice that omitted his right to re­instatement at the end of his medical leave term, but the 4th Circuit affirms summary judgment ...

Black Lung Claim Remanded for CT Scan Review 

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The 4th Circuit vacates an award of black lung benefits, as the ALJ erred in considering only one of three CT scans submitted in support of the former mine worker’s claim and failed to consider the various medical experts’ qualifications. Claimant worked in the coal industry for approximately 12 years prior to aban­doning this line ...

Court Allows Prayers by County Commissioners 

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Although elected county commission­ers, all of whom are Christian, lead invo­cations opening each meeting of the board of commissioners, and invite the public to stand and join in prayer, these practices do not violate the First Amendment’s Es­tablishment Clause; in a 2-1 decision, a 4th Circuit panel reverses a district court decision that held the ...
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