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

BMG filed suit against Cox, alleging copyright infringement, seeking to hold Cox contributorily liable for infringement of BMG's copyrights by subscribers to Cox's Internet service. On appeal, Cox argued that the district court erred in denying it the safe harbor defense and incorrectly instructed the jury. The Fifth Circuit held that Cox was not entitled to the safe harbor defense under section 512(a) of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512(a), because it failed to implement its policy in any consistent or meaningful way. The court held that the district court did erred in charging the jury as to the intent necessary to prove contributory infringement. Accordingly, the court affirmed in part, reversed in part, vacated in part, and remanded. View "BMG Rights Management v. Cox Communications" on Justia Law

The Fourth Circuit denied the Fund's petition for review of a decision awarding black lung benefits to a former coal miner. The court held that the ALJ's determination was supported by substantial evidence and the miner was eligible for benefits under the Black Lung Benefits Act. In this case, because the miner had developed a totally disabling respiratory impairment after working in underground coal mines for over fifteen years, it could be presumed that he suffered from pneumoconiosis arising from his coal-mine employment. Furthermore, the miner's employer could not rebut that presumption. View "West Virginia CWP Fund v. DOWCP" on Justia Law

The Fourth Circuit denied the Fund's petition for review of a decision awarding black lung benefits to a former coal miner. The court held that the ALJ's determination was supported by substantial evidence and the miner was eligible for benefits under the Black Lung Benefits Act. In this case, because the miner had developed a totally disabling respiratory impairment after working in underground coal mines for over fifteen years, it could be presumed that he suffered from pneumoconiosis arising from his coal-mine employment. Furthermore, the miner's employer could not rebut that presumption. View "West Virginia CWP Fund v. DOWCP" on Justia Law

The Fourth Circuit affirmed the district court's denial of defendant's motion to suppress evidence of child pornography contained on a hard drive recovered at his home. Defendant challenged the warrant allowing the FBI to deploy the Network Investigative Technique (NIT) to locate users accessing a child pornography website. The court held that even if the warrant was unconstitutional, the district court properly denied defendant's motion to suppress because the Leon good faith exception applied. In this case, there was no indication that the magistrate judge wholly abandoned its judicial role, or that the affidavit lacked an indicia of probable cause, or that the FBI agent mislead the magistrate judge with falsehoods or reckless disregard for the truth. The agent detailed the investigatory difficulties posed by the dark web and devoted several pages to explaining the NIT's mechanism. View "United States v. McLamb" on Justia Law

The Fourth Circuit reversed the district court's grant of summary judgment for Eden Park in an action alleging claims under the Fair Labor Standards Act (FLSA). Specifically, plaintiff alleged that Eden Park failed to compensate her for all the time that she worked and failed to pay her overtime wages. The court held that the district court failed to make a finding as to whether Eden Park's in-kind compensation conformed to the requirements under 29 U.S.C. 203(m) and its implementing regulations. Furthermore, the district court failed to assess all the pertinent facts in determining the reasonableness of the employment agreement under 29 C.F.R. 785.23. Accordingly, the court remanded for further proceedings. View "Balbed v. Eden Park Guest House, LLC" on Justia Law

Plaintiffs filed a putative class action against Saber, alleging that defendants failed to deliver contractually promised care and failed to comply with certain state law requirements. After removal to federal court, the district court granted plaintiffs' motion to remand to state court based on the forum selection clause in plaintiffs' contracts. The Fourth Circuit vacated and remanded for further proceedings and factual development on the question of whether all of the defendants were bound by the forum selection clause contained in the contracts executed by plaintiffs. In this case, although the plain language of the forum selection clause precluded removal, a question remains as to whether all of the defendants were alter egos or otherwise bound by the clause. View "Bartels v. Saber Healthcare Group, LLC" on Justia Law

Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547 (2014), did not undermine Palisades Collections LLC v. Shorts, 552 F.3d 327, 331 (4th Cir. 2008). In this case, Home Depot filed a Petition for Permission to Appeal the district court's order remanding to state court. The Fourth Circuit deferred ruling on the petition pending consideration of the merits of the appeal. The court held that the Supreme Court has not called into question Palisades's conclusion that an additional counter-defendant is not entitled to remove under 28 U.S.C. 1441(a) or 1453(b), nor has it abandoned Shamrock Oil’s definition of "defendant" in the class action context. See Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 108 (1941). The court held that Palisades applied to Home Depot. The court also held that the district court properly declined to realign the parties and correctly remanded to state court. Accordingly, the court affirmed the judgment.. View "Jackson v. Home Depot U.S.A., Inc." on Justia Law

The Fourth Circuit granted the Government's motion to dismiss defendant's appeal because his appeal was time-barred. The court rejected defendant's argument that the Government was tardy in filing the motion to dismiss and that delay effectively cures any failure to observe the requirements of the Federal Rules of Appellate Procedure on his part. The court held that the Government's motion to dismiss was timely and thus, the Government's motion to dismiss defendant's untimely appeal should be granted. In this case, defendant did not address the application of Local Rule 27(f) in his briefs and he never identified any prejudice he suffered by virtue of the timing of the Government's motion to dismiss. View "United States v. Hyman" on Justia Law

The Fourth Circuit granted the Government's motion to dismiss defendant's appeal because his appeal was time-barred. The court rejected defendant's argument that the Government was tardy in filing the motion to dismiss and that delay effectively cures any failure to observe the requirements of the Federal Rules of Appellate Procedure on his part. The court held that the Government's motion to dismiss was timely and thus, the Government's motion to dismiss defendant's untimely appeal should be granted. In this case, defendant did not address the application of Local Rule 27(f) in his briefs and he never identified any prejudice he suffered by virtue of the timing of the Government's motion to dismiss. View "United States v. Hyman" on Justia Law

This appeal arose out of litigation by family members of United States sailors killed in the bombing of the U.S.S. Cole against the Republic of Sudan for its alleged support of Al Qaeda. The district court denied Sudan's motion to vacate default judgments entered against it. The Fourth Circuit reversed the district court's order, holding that plaintiffs' method of serving process did not comport with the statutory requirements of 28 U.S.C. 1608(a)(3), and thus the district court lacked personal jurisdiction over Sudan. The court remanded to the district court with instructions to allow Kumar the opportunity to perfect service of process. View "Kumar v. Republic of Sudan" on Justia Law