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

Rocky Mount regulated sexually oriented businesses by requiring them to obtain a license prior to operation. The Fourth Circuit affirmed the district court's denial of American Entertainers' First Amendment overbreadth and Equal Protection challenge to Rocky Mount's licensing ordinance. However, the court held that the district court erred by rejecting American Entertainers' prior restraint claim where the challenged provision was insufficiently narrow, objective, and definite to pass constitutional muster. Accordingly, the court held as unconstitutional the relevant denial provision in the ordinance and remanded to the district court to consider whether and to what extent the provision was severable from the remainder of the ordinance. View "American Entertainers, LLC v. City of Rocky Mount, NC" on Justia Law

The Fourth Circuit affirmed the district court's judgment requiring Just Born, a candy manufacturer, to pay delinquent contributions into the Bakery and Confectionary Union and Industry International Pension Fund, as well as interest, statutory damages, and attorneys' fees. Under a plain-language application of the Provision to the facts of this case, the court held that Just Born was liable to the Pension Fund for continued contributions for all employees hired after the declaration of an impasse, pending the execution of a new collective bargaining agreement (CBA) in compliance with section 1085 of the Employee Retirement Income Security Act (ERISA), the invocation of the withdrawal provisions, or some other statutorily required act. Accordingly, the Pension Fund was entitled to judgment on the pleadings so long as Just Born did not present a cognizable affirmative defense. The court agreed with the district court's reasoning that the Rule 9(b) standard applied to Just Born's affirmative defenses and that Just Born's allegations did not satisfy this standard. Therefore, the district court did not err in concluding that Just Born did not plead its affirmative defenses with sufficient particularity to withstand the Pension Fund's motion for judgment on the pleadings. View "Bakery and Confectionary Union v. Just Born II, Inc." on Justia Law

The Fourth Circuit vacated the Social Security Administration's denial of plaintiff's application for disability insurance benefits. The court held that the ALJ erred by not according adequate weight to a prior disability determination by the North Carolina Department of Health and Human Services. Accordingly, the court remanded the case with instructions to vacate the denial of benefits and remanded for further administrative proceedings. View "Woods v. Berryhill" on Justia Law

Cohen, as the president and chairman of companies that sold insurance to those in the entertainment industry, was obliged to submit regular financial statements to insurance regulators. Beginning in 2008, Cohen engaged in a scheme to defraud policyholders and the public. Cohen created fraudulent financial documents and sent fraudulent representations to auditing firms and others, securing favorable opinions on the financial standing of his companies, which received more than $100,000,000 in premiums. Prosecutors secured a 31-count indictment, alleging that Cohen’s arrest upended his intentions to harm public officials. Cohen had purchased a long-range tactical rifle, plus ammunition and a night vision device and had researched homemade bombs, purchased ammonium nitrate and made recordings about plans to attack public officials. As his scheme unraveled, Cohen threatened witnesses. Cohen, who represented himself during most proceedings, eventually pleaded guilty to wire fraud, aggravated identity theft, making false statements to insurance regulators, and obstruction of justice. Cohen was sentenced to 444 months in prison. The Fourth Circuit upheld Cohen’s appeal waiver and dismissed certain claims. The court rejected, on the merits, claims that the district court erred in failing to conduct a Farmer hearing on his asset seizure allegations and that Cohen’s Sixth Amendment right to counsel was contravened by the magistrate’s denial of his request to revoke his pro se status and have a lawyer appointed for his final sentencing hearing. View "United States v. Cohen" on Justia Law

The Yearsley doctrine applies to claims arising under federal law. The Fourth Circuit affirmed the district court's grant of GDIT's motion to dismiss, for lack of subject matter jurisdiction, an action alleging that GDIT violated the Telephone Consumer Protection Act (TCPA). The court held that GDIT was immune from suit under the Yearsley doctrine, which immunizes government contractors from suit when the government authorized the contractor's actions and the government validly conferred that authorization. The court found nothing in Yearsley or its progeny that limited its application solely to state law liability. The court held that the district court did not err in treating Yearsley applicability as a jurisdictional bar to suit and granting GDIT's motion to dismiss. View "Cunningham v. General Dynamics Information Technology, Inc." on Justia Law

This trademark infringement action concerned whether Walmart's use of the mark "Backyard Grill" on its grills, and grilling supplies infringed on Variety's use of its registered mark, "The Backyard," and unregistered marks, "Backyard" and "Backyard BBQ." Variety appealed the district court's calculation of disgorged profits and denial of its request for a jury trial, and Walmart cross-appealed the district court's grant of summary judgment for Variety and award of profit disgorgement, costs, and attorneys' fees. The court held that the district court improperly granted summary judgment in Variety's favor because there were genuine disputes of material fact as to whether a likelihood of confusion exists. The court vacated the district court's order granting Variety's motion for partial summary judgment and affirmed the order denying Walmart's motion for summary judgment; vacated every order entered subsequent to the summary judgment rulings; vacated the award of profit disgorgement, costs, and attorneys' fees; and dismissed the parties' respective cross-appeals pertaining to disgorgement, denial of jury trial, and award of costs and fees. View "Variety Stores, Inc. v. Wal-Mart Stores, Inc." on Justia Law

The Fourth Circuit affirmed the district court's grant of summary judgment for the bank in an action alleging violation of the Homeowners Protection Act. Plaintiffs alleged that the bank failed to make certain required disclosures in connection with their residential mortgage loans. The court held that the statute was clear that these mortgage insurance disclosures were mandated only if lender-paid mortgage insurance was a condition of obtaining a loan. In this case, because no such conditions applied to plaintiffs' loans, nondisclosure was not a violation of the Act. View "Dwoskin v. Bank of America, N.A." on Justia Law

SawStop filed an antitrust suit against Table Saw Manufacturers, alleging that the Table Saw Manufacturers had colluded in contravention of antitrust laws to exclude its proprietary technology from the market. The Fourth Circuit affirmed the district court's grant of summary judgment to Table Saw Manufacturers based on statute of limitations grounds. The court held that the doctrine of fraudulent concealment was not applicable in this case; SawStop was on actual notice of its antitrust claim against the Table Saw Manufacturers; even if SawStop lacked actual notice of its antitrust claim, SawStop was on inquiry notice of that claim and SawStop failed to investigate its claim with the necessary diligence; and thus the district court did not err in granting summary judgment to the Table Saw Manufacturers. View "SD3 II, LLC v. Black & Decker" on Justia Law

The Fourth Circuit affirmed defendant's conviction for providing and conspiring to provide material support to terrorists, in violation of 18 U.S.C. 2339A, and conspiring and attempting to destroy an aircraft of the United States Armed Forces, in violation of 18 U.S.C. 32. Defendant was convicted for acts associated with an attack on an Afghan Border Police post at Camp Leyza. As a preliminary matter, the court held that it had jurisdiction to determine whether defendant qualified as a POW and was entitled to combatant immunity under the Geneva Convention Relative to the Treatment of Prisoners of War, irrespective of Army Regulation 190-8. On the merits, the court held that defendant was not entitled to combatant immunity under the Convention where the conflict in Afghanistan was not an international armed conflict. Consequently, because defendant did not qualify for combatant immunity pursuant to the Third Geneva Convention, he did not qualify for the common law defense of public authority. The court also held that section 32 clearly applied to otherwise lawful military actions committed during armed conflicts. In this case, defendant was convicted of attempting to fire anti-aircraft weapons at U.S. military helicopters, an attack that fell under the plain language of section 32. View "United States v. Hamidullin" on Justia Law

Ramirez, a citizen of El Salvador, first entered the U.S. in 1996 at age 17. Nearly 20 years later, Ramirez was placed in removal proceedings, charged with being present without being admitted or paroled under 8 U.S.C. 1182(a)(6)(A)(i). Ramirez applied for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA), 111 Stat. 2160, 2196–2199 (1997), which allows certain nationals from designated countries to apply for suspension of deportation or special rule cancellation of removal and adjust their status to permanent residency. To qualify under NACARA, an alien ordinarily must establish at least seven years of continuous presence in the U.S. but an applicant who is inadmissible or removable for having committed a crime involving moral turpitude (CIMT) must establish at least 10 years of continuous presence after becoming inadmissible or removable. In 2012, Ramirez was convicted of petit larceny and obstruction of justice. The Board of Immigration Appeals found him ineligible for NACARA relief. The Fourth Circuit vacated the order of removal, holding that obstruction of justice under Virginia law is not a CIMT because it may be committed without fraud, deception, or any other aggravating element that shocks the public conscience. The court directed the government to facilitate Ramirez’s return to the United States to participate in further proceedings. View "Ramirez v. Sessions" on Justia Law