Wake Forest Law Review

6Mar

Pandemonium: General Powers of the Federal Government During a Pandemic

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While humans may be the most sophisticated and capable species on planet Earth, we are still subject to a strong dose of humility now and again. We humans must accept that there are certain things we have limited control over. One of these things is the spread of disease. Due to scientific and medical innovations, […]

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23Apr

North Carolina Counties Still Liable for Attorney’s Fees Even When Involuntarily Redistricted by the State

Categories: 4th Cir. Blog Civil Cases Uncategorized
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By Nicholas Pappayliou and Samuel Gilleran Early last week, the Fourth Circuit Court of Appeals held that victorious plaintiff voters were entitled to reasonable attorney’s fees and costs from the opposing party, the Guilford County Board of Elections, despite the fact that the Board merely enforced but did not craft the legislation giving rise to […]

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23Oct

Religion: Friend or Foe to the IEP?

Categories: 4th Cir. Blog Issues in the 4th Circuit Uncategorized
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Overview M.L. was born in 2003 with Down Syndrome and lives with his family in an Orthodox Jewish community in Maryland.[1]  M.L’s faith governs almost every aspect of his life, including how he dresses, eats, and works.[2]  In 2009, M.L. enrolled in a private special education program that was tailored to his religious needs.[3]  In […]

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14Mar

Fourth Circuit Holds Res Judicata Applies to Bankruptcy Sale Orders

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By Amanda Whorton On March 11, 2016, the Fourth Circuit issued a published opinion in the civil case Providence Hall Associates v. Wells Fargo Bank. The court affirmed the district court’s dismissal of Providence Hall Associates’ (“PHA”) lawsuit against Wells Fargo Bank (“Wells Fargo”), holding that it was precluded by res judicata. The Three Agreements and […]

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11Feb

Fourth Circuit Holds that Creditors in Maryland “Discover” Violations of Closed End Credit Provisions When They Actually Become Aware of Charging an Improper Interest Rate

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 By Whitney Pakalka On January 11, 2016, the Fourth Circuit issued a published opinion in the civil case of Askew v. Hampton Roads Finance Company. The District Court for the District of Maryland granted Hampton Roads Finance Company (“HRFC”) summary judgment on all of Dante Askew’s borrower-creditor claims. The Fourth Circuit affirmed the grant of […]

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19Jan

Drug Conviction Renders Petitioner Ineligible for Relief Under the INA or CAT Despite Fleeing Gang Violence in Central America

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By Elizabeth DeFrance On December 4, 2015, the Fourth Circuit issued a published opinion in the case, Hernandez-Nolasco v. Lynch, in which the petitioner sought review of orders of the Board of Immigration Appeals (BIA). Being Kidnapped And Threatened By A Gang After His Brother and Father Were Killed Failed to Meet The Burden of Proving […]

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21Oct

Man Declared Not an “Armed Career Criminal” After Ten Years of Appealing Sentence

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By: Mikhail Petrov On June 30, 2015, in the criminal case of United States v. Newbold, the Fourth Circuit issued a published opinion vacating Joseph K. Newbold’s sentence and remanding the case for proceeding consistent with the Court’s opinion. In this case, the Fourth Circuit examined whether Newbold’s guilty plea from 2005, paired with three preceding […]

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5Mar

Prospective Request for Attorneys’ Fees Did Not Violate Fair Debt Collection Practices Act

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By Rolf Garcia-Gallont In an opinion published today, the Fourth Circuit affirmed the district court’s decision in the civil case of Elyazidi v. SunTrust Bank, dismissing all claims brought by the appellant and original plaintiff, Mounia Elyazidi. Facts and Procedural Posture Elyazidi overdrew her SunTrust checking account when, despite having only a few hundred dollars in […]

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21Nov

Defendant Acted as an Investment Adviser in a Fraudulent Scheme Employing “Sophisticated Means”

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By: Michael Klotz               Today, in United States v. Graves, the 4th Circuit affirmed the conviction of John Robert Graves, a former F.B.I. employee who—along with his wife—ran a sophisticated investment scheme that he used to defraud mostly elderly investors. Mr. Graves raised three issues on appeal. First, he claimed that his conviction for making […]

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7Nov

Adverse Credibility Rulings Are Distinguishable from Willful Misrepresentation in Immigration Hearings

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by David Darr On Wednesday, in Yang v. Holder, the Fourth Circuit granted the petitioner’s petition for review, vacated the decision of the Board of Immigration Appeals (BIA) that affirmed an immigration judge’s (IG) decision to deny the petitioner’s application for relief from deportation, and remanded the case further proceedings Was There Evidence of Yang’s […]

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