By: Jonathan Hilliard & Timothy Day DePaola v. Clarke In this prisoner civil rights case, the Fourth Circuit affirmed in part, and reversed in part, the district court’s granting of the prison’s motion to dismiss the prisoner’s claims. The Circuit, using the “continuing violation doctrine,” held that DePaola’s claims were not time barred. Furthermore, the […]

By: Katherine Wenner & Holly Ingram On February 6, 2018, the United States Court of Appeals for the Fourth Circuit published an opinion for Campbell v. Boston Scientific Corporation. The case affirmed a major products liability decision involving four plaintiffs, where each plaintiff received awards for over $4 million. I. Facts and Procedural History The […]

Weekly Roundup: 2/26-3/2 By: Cara Katrinak & Raquel Macgregor Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC In this civil case, Carlton & Harris Chiropractic appealed the district court’s dismissal of its claim against PDR Network for violating the Telephone Consumer Protection Act (TCPA) by sending an unsolicited advertisement via fax. Carlton & Harris […]

By: Evan Reid and Ashley Collette On February 13, 2018, the United States Court of Appeals for the Fourth Circuit published an opinion in Salgado-Sosa v. Sessions, a highly anticipated immigration case.  With the increase in Honduran nationals claiming persecution and seeking asylum in the United States, this case will likely have a far-reaching impact […]

Weekly Roundup: 2/12-2/16 By: Mary Kate Gladstone & Robert Tucci U.S. v. Cowden In this case, the defendant, a former lieutenant with a West Virginia Sheriff’s Office, appealed his conviction for deprivation of rights under the color of law in violation 18 U.S.C. § 242 after he assaulted an arrestee.  On appeal, the defendant argued […]

Frontier-Kemper Constructors, Inc. v. Director In this civil case, Frontier-Kemper appealed from a decision of the United States Department of Labor Benefits Review Board, which held Plaintiff was responsible for paying benefits to a coal miner under the Black Lung Benefits Act. Frontier-Kemper disputed its liability for the claim, but the Court concluded Frontier-Kemper was […]

By: Katherine Wenner & Holly Ingram A. Overview On November 17th, the Fourth Circuit published an opinion for Schilling v. Schmidt Baking Co., Inc.. The Court considered whether the District Court erred in its dismissal of Plaintiffs’ claims under the FLSA. The Fourth Circuit reversed the District Court’s dismissal and held that Plaintiffs fell within […]

Schilling v. Schmidt Baking Company, Inc. In this civil case, plaintiffs appealed the district court’s dismissal of their claims for overtime wages under the Federal Labor Standards Act (FLSA), the Maryland Wage and Hour Law, and the Maryland Wage Payment and Collection Law.  Under the FLSA, professional motor carriers, like Schmidt Baking Company, are generally […]

Weekly Roundup: 11/6-11/10 By: Tim Day & Jonathan Hilliard Plotnick v. Computer Sciences Corp.              In this civil case, the plaintiffs, former executives of Computer Sciences Corporation (“CSC”), filed suit against CSC, alleging they were denied benefits under their Deferred Compensation Plan for Key Executives after an amendment to the […]

  By: Ashley Collette and Evan Reid On October 12, 2017, the Fourth Circuit issued a published opinion in the civil case Siena Corporation v. Mayor and City Council of Rockville, Maryland. In its colorfully-worded decision, the court affirmed the dismissal of the “garden-variety zoning dispute recast in constitutional terms.” Facts and Procedural History  In […]

By: Adam McCoy & Shawn Namet U.S. v. Palin In this criminal case, the defendants argued the government did not sufficiently prove the materiality requirement of health care fraud to convict for submitting to the insurance company medically unnecessary and more expensive tests to increase profits.  Materiality requires showing the misrepresentation effected the insurance company’s […]

WE, THE CITIZENS OF MARYLAND, TRUSTING IN GOD, THE SUPREME RULER OF THE UNIVERSE, PLEDGE FAITH IN OUR BROTHERS WHO GAVE THEIR ALL IN THE WORLD WAR TO MAKE THE WORLD SAFE FOR DEMOCRACY. THEIR MORTAL BODIES HAVE TURNED TO DUST. BUT THEIR SPIRIT LIVES TO GUIDE US THROUGH LIFE IN THE WAY OF GODLINESS, […]