Wake Forest Law Review

8Oct

Fourth Circuit Denies Retaliation Claim Under Title VII

Categories: 4th Cir. Blog
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By Joshua P. Bussen Today, in Rome v. Development Alternatives, Inc., the Fourth Circuit affirmed the grant of summary judgment on a retaliation claim brought under Title VII. The plaintiff claimed, in the District Court of Maryland, that she had been constructively discharged by Development Alternatives, Inc., (“DAI”) after complaining about improper conduct by another […]

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8Oct

NLRB Decision Valid…Kinda

Categories: 4th Cir. Blog
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By Andrew Kilpinen In Gestamp South Carolina, L.L.C. v. National Labor Review Board the 4th Circuit handed down a new decision regarding the validity of recess appointed National Labor Review Board (“NLRB”) member Craig Becker. Additionally, the Court settled an appeal that was originally heard at oral arguments in October of 2013. NLRB Member Craig […]

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7Oct

Not Even a “Slight” Error in Conviction

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By Caroline Daniel In United States v. Cain, an unpublished opinion released today, the Fourth Circuit affirmed Lenny Cain’s guilty verdict.  Cain was charged with: (1) conspiracy to distribute and to possess with intent to distribute oxycodone and (2) possession with intent to distribute oxycodone, and aiding and abetting. One of the issues Cain appealed involved the […]

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7Oct

Straight Up Guilty: Baltimore Officer’s Criminal Conspiracy Judgment Affirmed

Categories: 4th Cir. Blog
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By Chad M. Zimlich Today, in United States v. Manrich, the Fourth Circuit affirmed a judgment sentencing former Baltimore Police Department (“BPD”) Officer Kelvin Manrich to a forty-one-month prison sentence after previously vacating the original sentence and remanding the case back to the district court. United States v. Manrich, 529 F. App’x 322 (4th Cir. […]

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6Oct

Clear Error for Drug Quantity Review

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By Dan Menken Last Thursday, in United States v. Dawkins, the Fourth Circuit affirmed the district court’s conviction and sentencing of Ciara Dawkins for conspiracy to distribute oxycodone and oxymorphone, 21 U.S.C. § 846 (2012), and aiding and abetting possession with intent to distribute oxymorphone, 21 U.S.C. § 841(a)(1) (2012) and 18 U.S.C. § 2 […]

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6Oct

Fourth Circuit Considers Motion to Withdraw Guilty Plea

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By Diana C. Castro Today, in United States of America v. Gregory Lawrence Tropea, the Fourth Circuit Court of Appeals affirmed the decision of the District Court for the Eastern District of Virginia denying Defendant’s motion to withdraw his guilty plea. Defendant Gregory Tropea pled guilty to three counts of receipt of child pornography, 18 […]

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4Oct

Affirms Felony Firearm Sentencing

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 By: Kaitlin Price The Fourth Circuit, in United States of America v. Moody, affirmed the District Court’s 110-month sentence imposed in accordance with Defendant’s guilty plea to possession of a firearm by a convicted felon. The Fourth Circuit held that the District Court properly applied the U.S. Sentencing Guidelines Manual § 2K2.1(b)(6)(B)(2013). The Court explained […]

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3Oct

Fourth Circuit Considers Alleged Breach of Plea Agreement

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By: Michael Klotz Today, the Fourth Circuit Court of Appeals issued its decision in United States of America v. Boggs. In this case, Mr. Boggs appealed a 57-month sentence imposed pursuant to an agreement in which he plead guilty to wire fraud. The issue on appeal was whether the government breached the terms of the plea […]

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3Oct

To Prove Damages, Plaintiff Had To Prove Benefits

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By Rolf Garcia-Gallont The Fourth Circuit, in Projects Management Co. v. Dyncorp International LLC, affirmed summary judgment in favor of the Defendant in a breach of contract action because the Plaintiff did not offer sufficient proof of the benefits it had received from Defendant’s deficient performance. Projects Management Co. (“PMC”) sued DynCorp International LLC (“DynCorp”) for […]

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2Oct

Fourth Circuit Maintains Civil Liability for Debt Collectors Under TCPA

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By Michael Mitchell Today, in Lynn v. Monarch Recovery Management, Inc., the Fourth Circuit affirmed the summary judgment granted to Kevin Lynn for Monarch Recovery Management’s violation of the Telephone Consumer Protection Act (“TCPA”).   On appeal, the Court rejected Monarch’s argument that it was exempt from the TCPA as a debt collector. Under 47 U.S.C. § 227, the […]

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2Oct

Fourth Circuit Takes Bite out of NC Voter Law

Categories: 4th Cir. Blog
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By: Carson Smith Today, in League of Women Voters of North Carolina v. North Carolina, the Fourth Circuit overturned the district court by partially granting a preliminary injunction as to certain provisions of North Carolina’s controversial voting law. In reaching its decision, the Court followed the lead of the Sixth Circuit in applying Section Two of […]

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1Oct

Fourth Circuit Affirms Reasonableness of Revocation Sentence

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By: Patrick Southern Today, in United States v. Jeter, the Fourth Circuit affirmed a twenty-four month sentence imposed by the United States District Court for the District of South Carolina pursuant to the revocation of the appellant’s supervised release. On appeal, Jeter argued his sentence was procedurally unreasonable and that the district court’s explanation of […]

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