By: Thomas Cain & Noah Hock Equal Employment Opportunity Commission v. Baltimore County In this case, the Equal Employment Opportunity Commission (“EEOC”) sought back pay for employees based on Baltimore County’s discriminatory practice involving improper contribution rates to the county’s age-based employee benefit plan. The district court found the county […]

By: Matthew Hooker De Reyes v. Waples Mobile Home Park Limited Partnership In this case, the Plaintiffs (four Latino couples) had sued the landlord of a mobile home park under the Fair Housing Act (“FHA”). The landlord required all individuals who lived in the park to provide proof of legal status in the United States. […]

By: Lanie Summerlin Henderson v. Bluefield Hosp. Co. In this civil appeal, the National Labor Relations Board (“NLRB”) appealed the District Court’s refusal to grant preliminary injunctive relief under section 10(j) of the National Labor Relations Act. The NLRB sought preliminary injunctions against two hospitals until NLRB agency adjudication of a complaint filed against the […]

By: Adam McCoy & Shawn Namet On April 13, 2018, the United States Court of Appeals for the Fourth Circuit published an opinion in Association for Accessible Medicines v. Frosh.  The Court reversed the district court’s dismissal of the dormant commerce clause challenge brought by the Association for Accessible Medicines (“AAM”) to a Maryland statute […]

  By: Jonathan Hilliard & Timothy Day On March 27, 2018, the Fourth Circuit published an opinion in BAE Systems Technology v. Republic of Korea’s Defense. The Court affirmed the district court’s grant of BAE’s declaratory judgment and its refusal to issue a permanent anti-suit injunction. I. Facts and Procedural History This dispute arose out […]

Weekly Roundup: 4/2-4/5 By: Holly Ingram & Katherine Wenner United States v. Corey Townsend In this case, Appellant challenged the lawfulness of his sentence under the Armed Career Criminal Act. In 2015, the Supreme Court held that the Act’s residual clause was unconstitutionally vague. However, because Appellants’ prior conviction for assault with a deadly weapon […]

By: Raquel Macgregor On March 28, 2018, the United States Court of Appeals for the Fourth Circuit published an opinion for Coley v. DIRECTV. The court affirmed the district court’s[1] decision to grant a motion to “reverse pierce” the corporate veil of Mr. Coley’s three limited liability companies (“LLCs”). I. Issue Does Delaware law allow […]

By: Ashley Collette & Evan Reid Jimenez-Cedillo v. Sessions A Mexican citizen present in the United States without authorization pled guilty to sexual solicitation of a minor.  The Board of Immigration Appeals determined that this offense was a crime involving moral turpitude and ordered him removed from the United States.  In doing so, the Board […]

On February 16, 2018, the United States Court of Appeals for the Fourth Circuit published an opinion for U.S. v. Cowden. I. Facts and Procedural History This case involves the appeal of Defendant Mark Cowden, who was charged with deprivation of rights under color of law under 18 U.S.C. § 242, and knowingly making a […]

By: Adam McCoy and Shawn Namet Kenny v. Wilson In this civil case, plaintiff-appellants, Kenny, argued the district court incorrectly dismissed their 42 U.S.C. § 1983 claim for lack of standing for failure to state an injury in fact.  The plaintiff-appellants challenge two South Carolina statutes as unconstitutionally vague that criminalize any person, including students, […]

By: Matthew Welch & Gilbert Smolenski On March 1, 2018, the United States Court of Appeals for the Fourth Circuit published an opinion for United States v. Brian Bowman.  The court held that Bowman’s Fourth Amendment right, freedom from unreasonable seizures, was violated and reversed the district court ruling. I. Facts and Procedural History In […]