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

These appeals arose from an ALJ's order, affirmed by the Benefits Review Board, finding that Gary Looney suffered disabling obstructive lung disease arising out of his work as a coal miner and awarding his widow black lung benefits payable by Looney's former employer. The court determined that the award of benefits was supported by the record and affirmed the award of benefits to Looney, denying his former employer's petition for review. View "Harman Mining Co v. DOWCP" on Justia Law

After the Agencies approved the construction of a new 20-mile toll road in North Carolina, the Conservation Groups filed suit, seeking to enjoin construction on the toll road, contending that the process by which the Agencies approved the road violated the National Environmental Protection Act (NEPA), 42 U.S.C. 4321 et seq. The district court granted summary judgment to the Agencies. Because the Agencies failed to disclose critical assumptions underlying their decision to build the road and instead provided the public with incorrect information, they did indeed violate NEPA. Accordingly, the court vacated the judgment of the district court and remanded for further proceedings. View "North Carolina Wildlife, et al. v. North Carolina Dept. of Transp., et al." on Justia Law

Plaintiff, the Chapter 7 trustee for the bankruptcy estate of BioniCare Medical Technologies, contested determinations of the Medicare Appeals Council (MAC) refusing to provide coverage for the BIO-1000, a device to treat osteoarthritis of the knee. Plaintiff alleged that the Secretary improperly used the adjudicative process to create a policy of denying coverage for the BIO-1000, that the MAC's decisions were not supported by substantial evidence, and that the MAC's decisions were arbitrary and capricious on account of a variety of procedural errors. The court rejected those contentions and affirmed the judgment of the district court. View "Almy v. Sebelius" on Justia Law

This appeal arose from the district court's order granting final judgment to the United States upon equitable claims of payment by mistake of fact and unjust enrichment against Tuomey arising out of alleged violations of the Social Security Act, 42 U.S.C. 1395nn, (the Stark Law), and awarding damages plus pre- and post-judgment interest. Because the court concluded that the district court's judgment violated Tuomey's Seventh Amendment right to a jury trial, the court vacated the judgment and remanded for further proceedings. Because the court was remanding the case, the court also addressed other issues raised on appeal that were likely to recur upon retrial. View "Drakeford v. Tuomey Healthcare System" on Justia Law

This case arose from the FAA's decision to suspend the airworthiness certification of a helicopter leased by plaintiff for his flight instruction business. Plaintiff brought suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671, et seq., alleging that he suffered financial harm as a result of the FAA's negligence in first issuing an airworthiness certificate to the helicopter. The court affirmed the district court's dismissal of the complaint, finding that the FAA inspector's original certification of the aircraft fell under the discretionary function exception to the FTCA. In view of the fact that the discretionary function exception required the dismissal of plaintiff's action, the court need not reach the government's contention that the misrepresentation exception to the FTCA applied as well. Accordingly, the court affirmed the judgment. View "Holbrook v. United States" on Justia Law

This appeal arose from the United States' effort to forfeit the assets of C.L.P., a cigarette manufacturer, following its guilty plea to several tobacco-related charges. The United States obtained a preliminary order of forfeiture allowing it to seize funds that C.L.P. had deposited into an escrow account, which held 35 sub-accounts for the benefit of each state in which C.L.P. sold its products. Two of those states, Oregon and Wisconsin, sought to amend the forfeiture order to exclude their respective sub-accounts from the forfeiture. Because the court concluded that the states have not proven by a preponderance of the evidence that they have a legal interest that entitled them to amendment of the forfeiture order, the court vacated the forfeiture order and remanded. View "United States v. State of Oregon, et al." on Justia Law

Appellants, Mark McBurney and Roger Hurlbert, appealed the district court's award of summary judgment to appellees where the district court held that Virginia's Freedom of Information Act, Va. Code Ann. 2.2-3700 et seq. (VFOIA), did not violate appellants' rights under the Privileges and Immunities Clause or Hurlbert's rights under the Dormant Commerce Clause. The court concluded that VFOIA did not infringe on any of appellants' fundamental rights or privileges under the Privileges and Immunities Clause. The court also held that Hurlbert waived his claim under the Dormant Commerce Clause because he failed to raise any challenge in his opening brief. Accordingly, the judgment was affirmed. View "McBurney, et al. v. Young, et al." on Justia Law

Ghana-born Petitioner James Turkson asked an immigration judge (IJ) to defer his removal from the United States because he believed that he would be tortured if returned to his native Ghana. The IJ ruled that Petitioner would likely face torture in Ghana, and therefore deferred his removal. The Department of Homeland Security (DHS) appealed the IJ's ruling. On appeal, the Board of Immigration Appeals reviewed all aspects of the IJ's decision, but erred in its review of the IJ's factual findings: the BIA reviewed the case under the de novo standard of review instead of under the "clearly erroneous standard" prescribed by its governing regulations. The Fourth Circuit therefore granted Petitioner's petition for review, vacated the BIA's decision and remanded the case for further proceedings. View "Turkson v. Holder" on Justia Law

Plaintiff appealed the dismissal of its civil action brought against defendants for alleged Fourth Amendment violations in conjunction with warrantless searches of plaintiff's mining facility. From December 2007 to June 2008, defendants conducted approximately 25 warrantless inspections of plaintiff's mining operation after receiving anonymous tips that the mine was not in compliance with Virginia regulations. The court held that Virginia's Mineral Mine Safety Act, Va. Code Ann. 45.1-161.292:54(B), was constitutional under the New York v. Burger test; there was no Fourth Amendment violation where the searches were objectively supported by multiple complaints to which the inspectors were responding and there was no indication that the inspections were pretext for harassment or other improper conduct; Virginia Code 19.2-59 must be interpreted not to apply to the type of searches at issue here; and having found no constitutional violation, the court concluded that defendants were protected by qualified immunity. Accordingly, the judgment was affirmed. View "LeSueur-Richmond Slate Corp. v. Fehrer" on Justia Law

Plaintiff appealed the district court's order affirming the Commissioner's denial of her application for supplemental security income (SSI). The court found that substantial evidence supported the ALJ's conclusion that plaintiff was not disabled within the meaning of the Social Security Act, 42 U.S.C. 301 et seq. Accordingly, the court affirmed the district court's grant of judgment on the pleadings in favor of the Commissioner. View "Hancock v. Astrue" on Justia Law