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

An ALJ found that Jerry Addison was entitled to benefits under the Black Lung Benefits Act, 30 U.S.C. 901-944, because he had established the existence of clinical and legal pneumoconiosis that resulted in a total respiratory disability. Sea-B, Addison's former employer, filed a petition for review of the ALJ's decision. The court concluded that the ALJ’s decision to exclude the additional CT scan evidence was not harmless. This error affects the determination of both clinical and legal pneumoconiosis and impacts the ALJ’s consideration of the other evidence in this case. The omitted CT scan evidence is unquestionably probative of the central issue in dispute: whether Addison suffered from pneumoconiosis. Furthermore, the court could not determine from the ALJ’s sparse explanation how, or if, he weighed the x-ray readings in light of the readers’ qualifications. Finally, because the proffered explanation for elevating Dr. Forehand’s diagnosis is not supported, the ALJ must reevaluate that opinion to determine the proper weight it should be given. Accordingly, the court granted the petition for review, vacated the order, and remanded for further proceedings. View "Sea "B" Mining Co. v. Addison" on Justia Law

These consolidated cases challenge provisions of a recently enacted North Carolina election law. Session Law 2013-381.2 imposed a number of voting restrictions. The law required in-person voters to show certain photo IDs, beginning in 2016, which African Americans disproportionately lacked, and eliminated or reduced registration and voting access tools that African Americans disproportionately used. Prior to the enactment of SL 2013-381, the legislature requested and received racial data as to usage of the practices changed by the proposed law. Upon receipt of the race data, the General Assembly enacted legislation that restricted voting and registration in five different ways, all of which disproportionately affected African Americans. The court concluded that the asserted justifications for the law cannot and do not conceal the State’s true motivation: taking away minority voters' opportunity because they were about to exercise it. Therefore, the court concluded that the General Assembly enacted the challenged provisions of the law with discriminatory intent. The court reversed and remanded with instructions to enjoin the challenged provisions of the law. View "N.C. State Conference v. McCrory" on Justia Law

Amy Tuschen worked for RLM for six years and then joined a competitor, eScience. RLM filed suit against eScience and Tuschen, alleging principally that Tuschen breached a covenant not to compete and unlawfully took confidential information from RLM and shared it with eScience. The district court granted summary judgment to defendants. The court concluded that the covenant not to compete was not enforceable because it was overbroad, and RLM failed to present sufficient evidence that Tuschen took or shared RLM’s confidential information. The court rejected RLM's remaining claims and affirmed the judgment. View "RLM Communications v. Tuschen" on Justia Law

After plaintiff was arrested for obstruction of justice and the charge was ultimately dismissed, plaintiff filed suit against the police officers responsible for her arrest, alleging that the officers violated her Fourth Amendment rights by arresting her without probable cause. The district court granted the officers' motion for qualified immunity. The court concluded that it would be clear to officers in defendants' position that they lacked probable cause to arrest defendant where the court could not find in the record any attempted action by the officers that could be said to have been "obstructed" by plaintiff, and the officers' brief and oral argument are likewise missing even a suggested action that was actually obstructed. Accordingly, the court reversed and remanded. View "Graham v. Gagnon" on Justia Law

In 2006, Keith Alan Clark was found guilty of kidnapping and assault with intent to commit criminal sexual conduct. In 2014, Clark, pro se, filed a motion for extension of time to request a certificate of appealability. At issue is whether this motion, filed within the thirty day requirement of Federal Rule of Appellate Procedure 4, is the functional equivalent of a formal notice of appeal demanded by Rule 3. The court held that a document filed by a pro se litigant as an extension of time to request a certificate of appealability qualifies as the notice of appeal required by Rule 3. Because Clark's motion was timely under Rule 4 and satisfied the notice requirements of Rule 3, the court concluded that it has jurisdiction to consider Clark's application for a certificate of appealability. View "Clark v. Cartledge" on Justia Law

Petitioner, an ethnic Hutu and a native and citizen of Rwanda, seeks review of the BIA's denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court concluded that substantial evidence supports the agency’s ultimate conclusion that petitioner assisted or participated in the Rwandan genocide. Consequently, the agency correctly determined that petitioner is barred from receiving asylum or withholding of removal. Furthermore, substantial evidence supports the denial of petitioner's request for CAT protection where the record amply supports the agency’s finding that petitioner is likely to be held in civilian prison and tried in civilian courts. Accordingly, the court denied the petition. View "Munyakazi v. Lynch" on Justia Law

Plaintiff filed suit against Lendmark under Maryland’s Credit Grantor Closed End Credit Provisions (CLEC), Md. Code Ann., Com. Law 12-1001 et seq., challenging the manner in which Lendmark charged and applied late fees towards her personal loan of roughly $2,600. The district court entered judgment for Lendmark. The court concluded that Lendmark was not entitled to charge a late fee in December 2010 or February 2011, or in any month in which plaintiff paid an installment timely and in full. Because the court held that the complaint alleging these facts states a plausible claim for relief, the court reversed the district court's dismissal of this claim and remanded for further proceedings. The court affirmed as to the remainder of plaintiff's claims. View "Williams v. Lendmark Fin. Serv." on Justia Law

Plaintiffs challenge the adequacy of the environmental review conducted by the Corps before it issued a permit pursuant to section 404 of the Clean Water Act, 33 U.S.C. 1344, authorizing Raven Crest to discharge fill material into waters of the United States in conjunction with that mine. The district court granted the Corps’ and Raven Crest’s motions for summary judgment, holding that the Corps properly determined that the connection between surface coal mining and public health was an issue not properly within the scope of its environmental review. The court affirmed and concluded that this case is indistinguishable from the court's precedent in Ohio Valley Environmental Coalition v. Aracoma Coal Company, in which the court rejected a similar challenge. In Aracoma, the court held that the “specific activity” authorized by the section 404 permit was “nothing more than the filling of jurisdictional waters for the purpose of creating an underdrain system for the larger valley fill,” and that the Corps did not have sufficient control and responsibility over the entire valley fill to warrant including the entire project in the scope of the Corps’ environmental review. View "Ohio Valley Envtl. Coal. v. US Army Corps" on Justia Law

After plaintiff was terminated from his position as a police officer, he filed suit under 42 U.S.C. 1983, alleging retaliatory discharge in violation of the First Amendment based on the comments he made as a candidate for town council that were critical of his employer. The district court denied Police Chief Rob Hall qualified immunity. The court concluded, however, that Hall is entitled to qualified immunity because it was debatable at the time of plaintiff's dismissal that his speech interests as a citizen outweighed Hall’s interests as a public employer. Accordingly, the court reversed and remanded. View "Brickey v. Hall" on Justia Law

After William Gault terminated plaintiff from her position as deputy clerk, plaintiff filed suit challenging her termination on First Amendment grounds. The district court granted defendant's motion for summary judgment, holding that plaintiff occupied a confidential or policymaking position and was subject to termination for campaigning against her boss. The court reversed the district court’s decision to grant summary judgment to Gault based on the Elrod-Branti exception, determining that it could not, as a matter of law, conclude that party affiliation is an appropriate requirement for the effective performance of plaintiff's former position as a deputy clerk; Gault has not established the defense of qualified immunity; the court found unpersuasive Gault's contention that the Eleventh Amendment immunizes him from suit for monetary damages in his official capacity; and the history of this case does not present the court with an adequate Pickering record to review. The court vacated and remanded for further proceedings. View "Lawson v. Union County Clerk of Court" on Justia Law