Wake Forest Law Review

14Mar

In prison v. Imprison- Is there a difference? 4th Circuit Says No

Categories: 4th Cir. Blog
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 By Kim Sokolich This week, the 4th Circuit determined if a  person physically in a prison for civil detention is “imprisoned” for purposes of criminal time served and supervised release. This case, U.S. v. Neuhauser, began over ten years ago when Jeffrey Neuhauser pled guilty to one count of interstate travel with intent to engage in sex […]

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13Mar

False Claim Act Suit Against Two Student Loan Corporations Survives Motion to Dismiss

Categories: 4th Cir. Blog
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By Matthew Meyers Oberg v. Pennsylvania Higher Education Assistance Agency Jon Oberg sued three student loan corporations on the grounds that they defrauded the Department of Education – and therefore violated the False Claims Act, 31 U.S.C. § 3729– in connection with claims for Special Allowance Payments.  These payments are generous student loan subsidies. The False Claims […]

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13Mar

State-Established Student Loan Corporation May Be Liable Under the False Claims Act

Categories: 4th Cir. Blog
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By Jordan Crews Today, in United States v. Pennsylvania Higher Education Assistance Agency, the Fourth Circuit vacated and remanded the decision of the district court, holding that the plaintiff had alleged sufficient facts that Pennsylvania Higher Education Assistance Agency (“PHEAA”) is a “person” for purposes of the False Claims Act (“FCA”). The plaintiff, Dr. Oberg, as […]

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12Mar

4th Circuit Certifies Question to W.V. Supreme Court in Mining Rights Dispute

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By Alina Buccella Today, the Fourth Circuit certified a question to the West Virginia Supreme Court of Appeals in a case involving a dispute over mining rights. The question certified is, “[w]hether the proponent of his own working interest in a mineral lease may prove his entitlement thereto and enforce his rights thereunder by demonstrating his […]

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9Mar

Fourth Circuit Affirms Dismissal of Securities Exchange Act Claim

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By Jordan Crews Today, in Yates v. Municipal Mortgage & Equity, LLC, the Fourth Circuit affirmed the district court’s dismissal of plaintiffs’ claims under section 10(b) of the Securities Exchange Act of 1934. One of the defendants, MuniMae, was one of the nation’s largest syndicators of low-income housing tax credits (“LIHTCs”).  Federal tax law provides LIHTCs to […]

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8Mar

The Exculpatory Clause That Saved All

Categories: 4th Cir. Blog
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By Karon Fowler Under the Telecommunications Act of 1996, telephone companies are requirements to enter contracts known as interconnection agreements with new market entrants seeking to connect with existing networks. The goal of this requirement was to increase competition in local telephone markets. The plaintiff, Core Communications, was a new market entrant in Baltimore seeking […]

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7Mar

Professor Curtis’s Thoughts on Religious Exemptions to Sexual Orientation Anti-discrimination Laws

Categories: 4th Cir. Blog
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By Matthew Meyers As many readers know, Arizona came close to enacting a bill that would permit business owners to refuse service to gay and lesbian consumers, so long as that refusal arises from their religious beliefs.  The Arizona Legislature passed the bill, but Governor Jan Brewer vetoed it.  The conflict surrounding whether Governor Brewer should veto the bill […]

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6Mar

Purpose v. Primary Purpose- 4th Circuit Analyzes Federal Sentencing Guideline §2G2.2

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 By Kim Sokolich Today, in United States v. Cox, the 4th Circuit rejected the argument that United States Sentencing Guideline §2G2.2, governing possession of material depicting sexual exploitation of a minor, requires some sort of heightened evidence that the possession was for the “primary purpose” of producing a visual depiction of such conduct. According to the South […]

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5Mar

PETA Protestor Loses on Appeal Against Baltimore for Alleged Facial Violation of 1st Amendment

Categories: 4th Cir. Blog
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By Alina Buccella In March of 2008 and 2009, the plaintiff, Aaron Ross, participated in a PETA protest of the visiting Barnum and Bailey Circus in Baltimore. He was arrested on both occasions by Officer Early for leaving the designated protest zone around the circus arena and refusing to comply with the officer’s warnings to […]

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1Mar

Consumer Redress and the Legal Standard for Individual Liability under the FTCA

Categories: 4th Cir. Blog
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By Karon Fowler Last week in FTC v. Kristy Ross, the Fourth Circuit ruled on a Federal Trade Commission (“FTC”) suit against Kristy Ross, a leader at Innovative Marketing, Inc. (“IMI”), for running a deceptive internet “scareware” scheme in violation of § 5(a) of the Federal Trade Commission Act (“FTCA”). The “scareware” scheme relies on advertisements […]

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28Feb

Fourth Circuit Holds North Carolina Elections Ballots Regulations Constitutional

Categories: 4th Cir. Blog
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By Jordan Crews Thursday, in Pisano v. Strach, the Fourth Circuit affirmed the district court, holding that North Carolina’s regulations on general elections ballots is constitutional. Under North Carolina law, a new political party, in order to nominate candidates, must select its candidates by party convention and submit its nominees by July 1.  To qualify as a […]

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28Feb

No Change to Transportation of Minor Law Despite Recent Supreme Court Decision

Categories: 4th Cir. Blog
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By Kim Sokolich Today, in United States v. Washington, the 4th Circuit declined to change their position on the transportation of a minor for prosecution despite the Supreme Court ruling in Flores- Figueroa v. United States (2009). In 2012, Defendant Appellant Dwane Washington met prostitute, R.C. At the time, R.C. was only fourteen years of age, but she told […]

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