4th Circuit clarifies centuries-old definition of piracy
BY: Associated Press
POSTED: May 23, 2012
Tags: 4th u.s. circuit court of appeals, Lawyer Jon M. Babineau, piracy, pirate, somali, terrorism, u.s. supreme court, USS Ashland
RICHMOND, Va. — A federal appeals court ruled Wednesday on the legal definition of piracy, saying an armed attack on a U.S. vessel can be considered piracy even if no one ever boards or robs the ship. The 200-year-old U.S. Supreme Court definition of piracy has been in dispute in two attacks on Virginia-based Navy [...]
Opinions – 5/21/12: 4th U.S. Circuit Court of Appeals 
BY: Daily Record Staff
POSTED: May 20, 2012
Tags: 4th u.s. circuit court of appeals, administrative law, maryland, Medicare coverage, opinions
Administrative Law Medicare coverage BOTTOM LINE: Secretary of Health and Human Services properly used the adjudicative process to create a policy denying Medicare coverage for medical device. CASE: Almy v. Sebelius, No. 10-2241 (filed April 26, 2012) (Judges WILKINSON, Gregory & Keenan). RecordFax No. 12-0426-60, 25 pages. COUNSEL: Robert Lloyd Roth, Hooper, Lundy & Bookman, [...]
Somali ex-official seeks immunity from torture lawsuits
BY: Associated Press
POSTED: May 16, 2012
Tags: 4th u.s. circuit court of appeals, dictator siad barre, lawsuit, Mohamed Ali Samantar, somalia, State Department, torture, U.S. District Judge Leonie Brinkema, war crimes
RICHMOND, Va. — A lawyer for the former prime minister of Somalia told a federal appeals court Wednesday that a judge improperly acquiesced to the State Department’s view that his client can be sued over alleged war crimes. Mohamed Ali Samantar is appealing U.S. District Judge Leonie Brinkema’s ruling that he is not entitled to [...]
4th Circuit hears mortgage exec’s appeal
BY: Associated Press
POSTED: May 16, 2012
Tags: 4th u.s. circuit court of appeals, appeal, Bean & Whitaker Mortgage Corp., exec, fraud, lee b. farkas, mortgage, scheme, securities fraud, Taylor
RICHMOND, Va. — A former mortgage company chief executive convicted of orchestrating a nearly $3 billion fraud scheme is asking a federal appeals panel to reverse his conviction and send the case back for a retrial. Former Taylor, Bean & Whitaker Mortgage Corp. owner Lee B. Farkas was convicted last year of six counts of [...]
4th Circuit hears terror-support appeal
BY: Associated Press
POSTED: May 15, 2012
Tags: 4th u.s. circuit court of appeals, 9/11, attack, suspect, terrorist, trial
RICHMOND, Va. — Attorneys for a North Carolina man convicted of aiding terrorists while the nation was still reeling from the 9/11 attacks told a federal appeals court Tuesday that his 30-year prison sentence is disproportionate to much lighter punishments handed down in scores of similar cases that followed. Mohamad Hammoud is seeking a new [...]
4th Circuit affirms $1.7M verdict under Land Sales Act
BY: Lawyers USA
POSTED: May 6, 2012
Tags: 11th circuit, 4th u.s. circuit court of appeals, Interstate Land Sales Full Disclosure Act, judgment, land sales act, LLC, Nahigian v. Juno-Loudoun
The purchasers of a lot in an upscale real estate development had three years to exercise their rescission rights under federal law imposing disclosure requirements in interstate land sales, the 4th Circuit U.S. Circuit Court of Appeals has held. The May 1 decision affirms a judgment for $1.7 million, the amount the plaintiff/appellees paid to [...]
Opinions – 4/7/12: 4th U.S. Circuit Court of Appeals
BY: Daily Record Staff
POSTED: May 6, 2012
Tags: 4th u.s. circuit court of appeals, maryland, opinions
Civil Procedure Collateral Order Doctrine BOTTOM LINE: The U.S. District Court’s order resolving which evidentiary standard an ERISA claims administrator should apply in assessing a disability benefits claim, and remanding the claim to restore long-term disability benefits, could not be appealed under the collateral order doctrine because the order did not resolve an important issue [...]
Opinions – 4/30/12: 4th U.S. Circuit Court of Appeals
BY: Daily Record Staff
POSTED: April 29, 2012
Tags: 4th u.s. circuit court of appeals, maryland, opinions, tax law
Consumer Protection Repossession notices under Md. CLEC BOTTOM LINE: District court erred in finding that plaintiff’s claim against bank, brought pursuant to Maryland Credit Grantor Closed End Credit Provisions (“CLEC”) regarding bank’s violation of CLEC notice provision, was preempted by the federal National Bank Act, because CLEC did not impermissibly interfere with bank’s ability to [...]
Opinions – 4/23/12: 4th U.S. Circuit Court of Appeals
BY: Daily Record Staff
POSTED: April 22, 2012
Tags: 4th u.s. circuit court of appeals, bribery, civil procedure, consent to search, criminal law, criminal procedure, Driver’s Privacy Protection Act, health care law, maryland, opinions, Stark Law litigation
Civil Procedure Driver’s Privacy Protection Act BOTTOM LINE: Buyers’ claims under Driver’s Privacy Protection Act of 1994 failed as matter of law, because, where solicitation by lawyers is an accepted and expected element of conduct satisfying DPPA’s litigation exception, such solicitation is not actionable by persons to whom the personal information pertains. CASE: Maracich v. [...]
Opinions – 4/16/12: 4th U.S. Circuit Court of Appeals
BY: Daily Record Staff
POSTED: April 15, 2012
Tags: 4th u.s. circuit court of appeals, Americans with Disabilities Act, civil rights, maryland, opinions
Civil Rights Americans with Disabilities Act BOTTOM LINE: While police investigations are subject to Americans with Disabilities Act, accommodations provided by police to detained deaf man were reasonable under the Act due to the exigent circumstances involved in investigation of alleged domestic abuse. CASE: Seremeth v. Board of County Commissioners Frederick County, No. 10-1711 (decided [...]
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