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Wayne Oliver filed suit in state court against CMC, alleging asbestos exposure claims. CMC filed a third-party complaint against several entities, including GE. GE removed to the district court and the district court granted Oliver's motion to sever his claims and to remand to state court and concomitantly retained jurisdiction over CMC's third-party claims, which the district court stayed. The Fourth Circuit dismissed CMC's appeal for lack of appellate jurisdiction, including jurisdiction under the collateral order doctrine. View "Campbell-McCormick, Inc. v. Oliver" on Justia Law

Posted in: Civil Procedure

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This case arose out of competition in the market for software used to manage and analyze large and complex datasets. SAS filed suit against WPL, alleging that WPL breached a license agreement for SAS software and violated copyrights on that software. The Fourth Circuit affirmed the district court's judgment finding WPL liable for beach of the license agreement, holding that the contractual terms at issue were unambiguous and that SAS has shown that WPL violated those terms. The court vacated the portion of the district court's ruling on the copyright claim and remanded with instructions to dismiss it as moot. View "SAS Institute, Inc. v. World Programming Ltd." on Justia Law

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The Fourth Circuit affirmed defendant's sentence after he pleaded guilty to a drug offense and being a felon in possession of a firearm. The court held that defendant's prior previous North Carolina conviction for assault inflicting serious bodily injury constituted a crime of violence under USSG 4B1.2, because the residual clause of section 4B1.2 authorizes the increased sentence. View "United States v. Thompson" on Justia Law

Posted in: Criminal Law

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A local government violated the Establishment Clause when it displays and maintains on public property a 40-foot tall Latin cross, established in memory of soldiers who died in World War I. The Fourth Circuit reversed and remanded the district court's judgment and held that the monument has the effect of endorsing religion and excessively entangles the government in religion. The court explained that the Latin cross is the core symbol of Christianity. In this case, the cross is 40 feet tall; prominently displayed in the center of one of the busiest intersections in Prince George's County, Maryland; and maintained with thousands of dollars in government funds. The court held that the purported war memorial breaches the "wall of separation between Church and State." View "American Humanist Assoc. v. Maryland-National Capital Park" on Justia Law

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Plaintiff filed suit alleging that defendant fired her for supporting defendant's political rival, and thus violated plaintiff's First Amendment rights. The Fourth Circuit affirmed the district court's determination that, as an Assistant State's Attorney, plaintiff was a policymaker exempt from the First Amendment's protection against patronage dismissals. The court reasoned that to hold otherwise would undermine the public mandate bestowed upon the victor of a hard-fought election and would needlessly interfere with a state official's managerial prerogative. View "Borzilleri v. Mosby" on Justia Law

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After plaintiff was arrested for failing to confine his leafleting to an area designated for protest activities, as set forth in a protocol formulated by Baltimore's legal department in 2004, he filed suit challenging the constitutionality of the protocol. The Fourth Circuit addressed a challenge to the same protocol previously, Ross v. Early, 746 F.3d 546 (4th Cir. 2014), where the court affirmed the district court's decision to uphold the protocol. In this case, the district court dismissed the complaint because the court had already considered the constitutional claim in Ross. The court vacated, holding that, in Ross, the parties entered into a stipulation that dictated the level of constitutional scrutiny, but the parties to the instant case did not. Furthermore, the district court in the instant case did not consider an intervening relevant Supreme Court decision, McCullen v. Coakley, 134 S. Ct. 2518 (2014), and did not have the benefit of another, Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015). Accordingly, the court remanded for further proceedings. View "Lucero v. Early" on Justia Law

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The Fourth Circuit affirmed the district court's dismissal of a suit challenging Rockville's zoning ordinance that prohibited the construction of self-storage facilities within 250 feet of property on which a public school is located. Plaintiffs argued that the enactment amounted to a denial of their due process and equal protection rights under the Fourteenth Amendment. The court held that Siena did not have a constitutionally protected property interest in using its property to develop a storage facility. The court explained that the very nature of Siena's conditional site plan approval defeated any claim that Siena had a nondiscretionary entitlement to a building permit. Because Siena never satisfied the conditions of obtaining a requisite site plan approval, it was not eligible for a building permit. Even if Siena had a protected property interest here, the enactment of the zoning text amendment would still fall short of a substantive due process violation. In this case, the enactment represented nothing more than the ordinary exercise of a state's residual police power in land use and zoning, in which the state has long maintained a primary and sovereign interest. The court rejected Siena's remaining claims, including the Fourteenth Amendment equal protection claim, and affirmed the judgment in all respects. View "Siena Corp. v. Mayor and City Council of Rockville" on Justia Law

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Defendant appealed his sentence after pleading guilty to being a felon in possession of a firearm. The district court found that defendant had been convicted of a crime of violence on the basis of his prior conviction for West Virginia aggravated robbery, and sentenced him to twelve months and one day of prison. The Fourth Circuit affirmed and held that the West Virginia crime of aggravated robbery, W. Va. Code 61-2-12 (1961), is a predicate crime of violence under the force clause of USSG 4B1.2. View "United States v. Salmons" on Justia Law

Posted in: Criminal Law

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Plaintiff filed suit against Wauquiez Boats, alleging claims for breach of maritime contract and for products liability under the general maritime law. The district court dismissed the complaint under Federal Rule of Civil Procedure 12(b)(1) for failing adequately to demonstrate admiralty and maritime jurisdiction. However, plaintiff had filed an amended complaint under Federal Rule of Civil Procedure 15 roughly an hour before the district court filed its order dismissing the case. The Fourth Circuit reasoned that, because the amended complaint remained the operative complaint in the district court and was unaddressed by Wauquiez Boats or the court, the district court's order dismissing the original complaint and denying sanctions was not a final decision under 28 U.S.C. 1291. Accordingly, the court dismissed plaintiff's appeal and Wauquiez Boats' cross-appeal requesting sanctions, for lack of appellate jurisdiction. View "Fawzy v. Wauquiez Boats SNC" on Justia Law

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The Fourth Circuit vacated the district court's judgment affirming the denial of disability benefits to plaintiff. The court agreed with plaintiff and held that the ALJ improperly assessed the medical opinion evidence and disregarded the treating physician rule in rendering his residual functioning capacity (RFC) determination and finding that plaintiff could persist through an eight-hour workday. Accordingly, the court remanded for further proceedings. View "Brown v. Commissioner Social Security Administration" on Justia Law

Posted in: Public Benefits