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

In 2017, Maryland enacted “An Act concerning Public Health – Essential Off-Patent or Generic Drugs – Price Gouging – Prohibition.” The Act, Md. Code, Health–General 2-802(a), prohibits manufacturers or wholesale distributors from “engag[ing] in price gouging in the sale of an essential off-patent or generic drug,” defines “price gouging” as “an unconscionable increase in the price of a prescription drug,” and “unconscionable increase” as “excessive and not justified by the cost of producing the drug or the cost of appropriate expansion of access to the drug to promote public health” that results in consumers having no meaningful choice about whether to purchase the drug at an excessive price due to the drug’s importance to their health and insufficient competition. The “essential” medications are “made available for sale in [Maryland]” and either appear on the Model List of Essential Medicines most recently adopted by the World Health Organization or are “designated . . . as an essential medicine due to [their] efficacy in treating a life-threatening health condition or a chronic health condition that substantially impairs an individual’s ability to engage in activities of daily living.” The Fourth Circuit reversed the dismissal of a “dormant commerce clause” challenge to the Act, finding that it directly regulates the price of transactions that occur outside Maryland. View "Association for Accessible Medicine v. Frosh" on Justia Law

In 2014, several hundred thousand gallons of gasoline spilled from a rupture in an underground pipeline near Belton, South Carolina. The gasoline seeped into nearby waterways. Following a cleanup, at least 160,000 gallons allegedly remained unrecovered. Plaintiffs allege that the gasoline has continued to travel a distance of 1000 feet or less from the pipeline to Browns Creek and Cupboard Creek, which are tributaries of the Savannah River, and their adjacent wetlands Conservation groups brought a citizen suit under the Clean Water Act, 33 U.S.C. 1251–1387, alleging violations by polluting "navigable waters of the United States" without a permit and seeking relief to remediate the ongoing pollution. The district court held that it lacked subject matter jurisdiction because the pipeline has been repaired and the pollutants currently pass through groundwater to reach “navigable waters.” The Fourth Circuit vacated. Citizens may bring suit under 33 U.S.C. 1365(a) for discharges of pollutants that derive from a “point source,” defined as “any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, [or] container” and continue to be “added” to navigable waters. Plaintiffs have stated a valid claim for a discharge under the Act. View "Upstate Forever v. Kinder Morgan Energy Partners, L.P." on Justia Law

Purnell hired Plaintiffs (Gabarette and Castillo) as independent contractors to deliver furniture in Virginia. Because it was a last-minute request, Plaintiffs did not have a vehicle available, so Purnell permitted them to use a truck that Purnell had rented from Penske. Driving to their destination, Plaintiffs stopped on the side of the interstate so Castillo could check on the security of the furniture load. Another driver struck the rented truck, killing Castillo and injuring Gabarette. Purnell’s motor vehicle insurance policy, issued by Wausau, included an uninsured/underinsured motorists (UIM) endorsement required by Virginia law, with coverage limited “to those autos shown as covered autos.” For UIM coverage—as opposed to liability coverage—the policy restricted coverage to “Owned Autos Only” and listed three vehicles on the “Schedule of Covered Autos You Own,” not including the rented Penske truck. The Declarations Pages provided that Wausau would “pay in accordance with the Virginia Uninsured Motorists Law, all sums the insured is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle.” For UIM purposes, an insured party is “[a]nyone . . . occupying a covered auto.” The UIM endorsement defines “covered auto” as “a motor vehicle, or a temporary substitute, with respect to which the bodily injury or property damage liability coverage of the policy applies.” The district court granted Wausau summary judgment regarding UIM coverage. The Fourth Circuit affirmed, based on the plain language of the policy. View "Levine v. Employers Insurance Co. of Wausau" on Justia Law

The Fourth Circuit affirmed defendant's conviction of witness tampering, conspiracy to commit witness tampering, and obstruction of justice. The court held that the evidence was sufficient to support defendant's conviction where a reasonable jury could have found that defendant corruptly persuaded the witness to alter his testimony. View "United States v. Edlind" on Justia Law

The Fourth Circuit affirmed defendant's conviction of witness tampering, conspiracy to commit witness tampering, and obstruction of justice. The court held that the evidence was sufficient to support defendant's conviction where a reasonable jury could have found that defendant corruptly persuaded the witness to alter his testimony. View "United States v. Edlind" on Justia Law

The district court held Early Education in contempt and awarded Rainbow School $60,000, plus attorney's fees and costs, after Early Education violated the terms of a consent judgment and permanent injunction. The Fourth Circuit affirmed and held that the district court did not clearly err in finding multiple violations of the injunction; Early Education's violations harmed the Rainbow School; and the district court did not abuse its discretion by awarding damages and attorney's fees and costs. The court dismissed Early Education's appeal from the order requiring it to undergo an audit based on lack of appellate jurisdiction. The court held that the question of whether Early Education should initially pay for an audit was neither inextricably linked nor a necessary precursor to the issues presented in the appeal from the district court's prior order, which made a determination of contempt and had nothing to do with paying for an audit. View "Rainbow School, Inc. v. Rainbow Early Education Holding LLC" on Justia Law

The district court held Early Education in contempt and awarded Rainbow School $60,000, plus attorney's fees and costs, after Early Education violated the terms of a consent judgment and permanent injunction. The Fourth Circuit affirmed and held that the district court did not clearly err in finding multiple violations of the injunction; Early Education's violations harmed the Rainbow School; and the district court did not abuse its discretion by awarding damages and attorney's fees and costs. The court dismissed Early Education's appeal from the order requiring it to undergo an audit based on lack of appellate jurisdiction. The court held that the question of whether Early Education should initially pay for an audit was neither inextricably linked nor a necessary precursor to the issues presented in the appeal from the district court's prior order, which made a determination of contempt and had nothing to do with paying for an audit. View "Rainbow School, Inc. v. Rainbow Early Education Holding LLC" on Justia Law

The Fourth Circuit affirmed the district court's conclusion that defendant was no longer qualified as a sexually dangerous person. In this case, the district court was presented with two plausible theories of the case, both of which were supported by facially credible expert evidence. The court explained that, regardless of whether it would have reached the same conclusion had it been the factfinders, the factual findings of the district court represented a permissible and reasonable interpretation of the evidence presented at the hearing. Accordingly, the court was constrained to affirm the district court's order requiring defendant's release under these circumstances. View "United States v. Wooden" on Justia Law

The Fourth Circuit affirmed the district court's conclusion that defendant was no longer qualified as a sexually dangerous person. In this case, the district court was presented with two plausible theories of the case, both of which were supported by facially credible expert evidence. The court explained that, regardless of whether it would have reached the same conclusion had it been the factfinders, the factual findings of the district court represented a permissible and reasonable interpretation of the evidence presented at the hearing. Accordingly, the court was constrained to affirm the district court's order requiring defendant's release under these circumstances. View "United States v. Wooden" on Justia Law

The Fourth Circuit affirmed the district court's dismissal of defendant's 28 U.S.C. 2255 motion challenging the lawfulness of his sentence under the Armed Career Criminal Act (ACCA) in light of Johnson v. United States, 135 S. Ct. 2551 (2015). The court held that defendant's prior conviction for North Carolina assault with a deadly weapon with intent to kill inflicting serious injury was categorically a violent felony under the force clause of the ACCA. View "United States v. Townsend" on Justia Law