Justia U.S. 4th Circuit Court of Appeals Opinion Summaries

Plaintiff appealed the district court's grant of summary judgment in favor of the City. The district court held that plaintiff's claims under the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4301-35, were barred by the four-year federal "catch-all" statute of limitations. The court held that section 1658(a) applied to plaintiff's claims because the language of that section unambiguously applied to civil actions arising under laws which, like USERRA, were enacted after December 1, 1990, and USERRA's successor statute did not apply retroactively. The court also held that plaintiff did not file this action within four years of its accrual, notwithstanding his tolling arguments. Accordingly, the court affirmed the judgment. View "Baldwin v. City of Greensboro" on Justia Law

Plaintiffs commenced this putative class action alleging that defendants participated in a global Internet conspiracy to sell illegal prescription drugs, in violation of the laws of the United States and Virginia. At issue on appeal was whether the district court erred in dismissing the complaint against four foreign banks for lack of personal jurisdiction. The court concluded that Rule 4(k)(2) did not justify the exercise of personal jurisdiction over the banks because exercising jurisdiction over them would not, in the circumstances here, be consistent with the United States Constitution and laws. Subjecting the banks to the coercive power of the court in the United States, in the absence of minimum contacts, would constitute a violation of the Due Process Clause. Accordingly, the court affirmed the district court's orders dismissing the complaint against the banks. View "Unspam Technologies v. Chernuk" on Justia Law

Plaintiff filed a Freedom of Information Act (FOIA), 5 U.S.C. 552, request with the DEA for documents concerning the federal government's regulation of the drug carisoprodol. After nearly two and a half years of pursuing his request through the administrative process to no avail, plaintiff filed this action against the DEA seeking production of the documents he originally requested. Because the DEA violated its statutory deadline for responding to plaintiff, the court held that he has exhausted his administrative remedies in this matter and remanded the case for further proceedings. View "Coleman v. DEA" on Justia Law

Defendant pled guilty to one count of possession of a stolen firearm after he broke into a house and stole a firearm and other valuables. On appeal, defendant challenged the district court's order of restitution to reimburse the homeowner for the value of the unrecovered firearm and damage caused by the break-in. The court concluded that the homeowner could not be considered a victim under the Victim and Witness Protection Act, 18 U.S.C. 3663, and so was not entitled to restitution on that basis for the loss defendant caused him; defendant's written plea agreement provided no explicit agreement to pay restitution; and the district court's imposition of the restitution order constituted plain error. Accordingly, the court reversed the judgment of the district court to the extent it ordered restitution. View "United States v. Davis" on Justia Law

Albert DiFederico, a former naval commander, was serving as a civilian contractor for the State Department in Pakistan when he was killed in a terrorist attack on the Marriott Islamabad Hotel. His widow and their three sons brought this wrongful death action and survivorship claim alleging that Marriott was liable for its failure to adequately secure its franchise hotel. The district court granted Marriott's motion to dismiss on the basis of forum non conveniens, finding that Pakistan was an available, adequate, and far more convenient forum to hear the case. Plaintiffs brought their suit in the forum of Marriott's principal place of business, the District of Maryland. The court found that plaintiffs were entitled to heightened deference in their choice of forum. The court concluded that it would be a perversion of justice to force a widow and her children to place themselves in the same risk-laden situation that led to the death of a family member. Plaintiffs were inconvenienced by the fear, emotional trauma, and associated logistical complexity that would afflict them if this case were dismissed and decided in Pakistan. The court's review of several of the applicable public and private factors provided additional support for the court's conclusion that the district court abused its discretion in dismissing the case. Accordingly, the court reversed and remanded for further proceedings. View "DiFederico v. Marriott Int'l, Inc." on Justia Law