Wake Forest Law Review

22Sep

Fourth Circuit Considers Social Security Disability Claim

Categories: 4th Cir. Blog
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By Dan Menken Last Tuesday, in Reid v. Commissioner of Social Security, the Fourth Circuit evaluated the Social Security disability benefit claims of Brian Edward Reid under Title II of the Social Security Act, 42 U.S.C. §§ 401-434. Reid filed for disability benefits on December 7, 2006, alleging that he became unable to work on […]

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22Sep

Requisite Showing for a Certificate of Appealability

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By Diana Castro Today, in United States v. Raymond Garfield Butler, the Fourth Circuit denied Butler’s motion for a certificate of appealability and dismissed the appeal from the District Court for the District of Maryland.  The court held that Butler had not made the requisite showing for a certificate of appealability. Under 28 U.S.C. § […]

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28Jul

Fourth Circuit Rules Virginia’s Ban on Same-Sex Marriage Unconstitutional

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By Alina Buccella Today, the Fourth Circuit ruled in a 2-to-1 vote on the landmark case of Bostic v. Schaefer. The four plaintiffs, couple Timothy B. Bostic and Tony C. London, and couple Carol Schall and Mary Townley, challenged Virginia’s ban on gay marriage in the state, and the state’s refusal to acknowledge marriages between same-sex couples […]

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5Apr

Timeliness Required for § 455 Recusals

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By Karon Fowler On Thursday in Kolon Industries Inc. v. DuPont, the Fourth Circuit affirmed the district court’s grant of summary judgment in favor of Defendant-Appellee DuPont as well as the district court’s denial of Plaintiff-Appellant Kolon’s recusal motion. The appeal arose from Kolon’s claim that DuPont attempted to exercise, or did exercise, monopoly power over […]

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4Apr

4th Circuit Denies Plainly Unreasonable Prison Sentence

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By Kim Sokolich This week, in an unpublished opinion, the Fourth Circuit Court of appeals rejected  appellant’s argument that that a twenty-four sentence prison term was “plainly unreasonable” when exchanged for supervised release. James Thomas Lynwood Johnson was supposed to receive a supervised release sentence, when the District Court of Eastern North Carolina revoked this […]

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3Apr

Fourth Circuit Explains Limitations Placed on Local Governments by Telecommunications Act: Summary Judgment for T-Mobile Affirmed

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By Jordan Crews Today, in T-Mobile Northeast LLC v. Loudon County Board of Supervisors, the Fourth Circuit affirmed the district court’s grant of summary judgment for T-Mobile.  The Court held that the Board, in denying T-Mobile’s application to build a tower, violated the Telecommunications Act of 1996 by impermissibly relying on the environmental effects of radio […]

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2Apr

Baltimore County Found to Have Violated ADEA

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By Alina Buccella On March 31, 2014, the Fourth Circuit issued an opinion in the case Equal Employment Opportunity Commission v. Baltimore County. Here, a mandatory retirement benefit plan administered by the State of Maryland that required older employees to pay a greater percentage of their salaries towards the plan based on their age at the […]

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29Mar

Q: What is the “applicable time period”? A: Possibly Five Years for Chapter 13 Bankruptcy Plans

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By Karon Fowler Yesterday, in Pliler v. Stearns, the Fourth Circuit affirmed and remanded an appeal from the United States Bankruptcy Court for the Eastern District of North Carolina. The court held that above-median income debtors with negative disposal income are obligated to maintain Chapter 13 bankruptcy plans that last for five years when their unsecured […]

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28Mar

Coal Company’s Failure to Report Occupational Injury Violated Federal Mine Safety and Health Act: Petition for Review Denied

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By Jordan Crews Yesterday, in Dickenson-Russell Coal Company v. Secretary of Labor, the Fourth Circuit denied the plaintiff’s petition for review, holding that the plaintiff violated the Federal Mine Safety and Health Act of 1977 by failing to report a worker’s occupational injury to the Mine Safety and Health Administration (“MSHA”) within ten days after the […]

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22Mar

A Rejection of Equitable Considerations Regarding Pinkerton Doctrine and Forfeiture Judgment

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By Karon Fowler Yesterday, the Fourth Circuit rejected the arguments of Appellant Khalil Blackman regarding the insufficiency of the evidence supporting his conviction based on thePinkerton doctrine. As to the government’s cross-appeal, the Circuit reversed the trial court’s forfeiture ruling and remanded the case with directions to enter a forfeiture money judgment pursuant to the decision. […]

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21Mar

Alien’s Petition for Review Denied: BIA’s Statutory Interpretation Reasonable

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By Jordan Crews Earlier this week, in Urbina v. Holder, the Fourth Circuit denied an alien’s petition for review of an adverse immigration decision. Urbina entered the United States on October 4, 2000, on a tourist visa.  He overstayed its expiration.  In December of 2009, the Department of Homeland Security (DHS) served Urbina with a notice […]

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15Mar

Substantive and Constitutional Challenge to Use of NCIC Report for Enhanced Sentencing

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By Karon Fowler In 2010, Drug Enforcement Agency (DEA) agents sent an undercover informant to buy fifteen bundles of heroin from a distributor associated with defendant Ernest James McDowell, Jr.  McDowell was eventually busted for dealing and the cops discovered a firearm while searching his apartment. In March 2011, McDowell pled guilty without a plea […]

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