Law digest – 4/11/13 

BY: Daily Record Staff
POSTED: April 10, 2013
Tags: 4th circuit court of appeals, Court of Appeals, court of special appeals, Law, legal news, opinions

MARYLAND COURT OF APPEALS Administrative Law, Disability accommodation: In an action by residents alleging that their apartment complex denied them reasonable accommodation of their disabilities by refusing to provide them keys to side and back doors of their building, the burden of proof was on the defendant apartment complex to prove that providing the requested [...]

4th Circuit OKs off-campus religious classes

BY: Associated Press
POSTED: July 2, 2012
Tags: 4th circuit court of appeals, 4th u.s. circuit court of appeals, first amendment, Freedom From Religion Foundation, maryland, Moss et al. v. Spartanburg County School District Seven

COLUMBIA, S.C. — A federal appeals court has upheld a South Carolina school district program that allows high school students to earn elective credit through an off-campus religious course. Supporters of the program said Monday the decision by the 4th U.S. Circuit Court of Appeals will likely prompt more districts to offer the option to [...]

Court strikes down Md. pregnancy center ordinances

BY: Associated Press
POSTED: June 27, 2012
Tags: 4th circuit court of appeals, centro tepeyac women's center, greater baltimore center for pregnancy concerns, richmond, virginia

RICHMOND, Va. — A federal appeals court ruled Wednesday that two ordinances requiring Maryland anti-abortion pregnancy counseling centers to post certain disclaimers are unconstitutional. In a pair of 2-1 decisions, a panel of the 4th U.S. Circuit Court of Appeals agreed with the centers that the Baltimore city and Montgomery County ordinances violated their free-speech [...]

4th Circuit: ‘Absolute priority’ survived bankruptcy reform

BY: Lawyers USA
POSTED: June 24, 2012
Tags: 4th Circuit, 4th circuit court of appeals, Bankruptcy Abuse Prevention and Consumer Protection Act, chapter 11, Congress, creditors, debtors, Discover Bank

The latest reform of the Bankruptcy Code did not eliminate a longstanding protection for dissenting creditors when there’s a “cram down” under the Chapter 11 plan of an individual debtor in possession, the 4th U.S. Circuit Court of Appeals has affirmed. While bankruptcy courts are sharply divided on the issue, the 4th Circuit said, Congress [...]

4th Circuit affirms arbitration award in favor of church 

BY: Barbara Grzincic
POSTED: August 14, 2011
Tags: 4th circuit court of appeals, arbitration, award, catwalk, church, lawsuit, New Market MetalCraft Inc., Prince George's County, U.S. District Judge Alexander Williams

A Prince George’s County church is entitled to more than $130,000 in damages from a Shenandoah Valley-based metalworking company, the 4th U.S. Circuit Court of Appeals has held. The decision affirmed an arbitrator’s award in favor of the First Baptist Church of Glenarden, which hired New Market MetalCraft Inc. in 2004 to build catwalks for [...]

Opinions – 4th U.S. Circuit Court of Appeals: 5/23/11 

BY: Daily Record Staff
POSTED: May 22, 2011
Tags: 4th circuit court of appeals, 4th u.s. circuit court of appeals, Baltimore, criminal procedure, Law, maryland, opinions, tax fraud

Criminal Procedure Tax fraud BOTTOM LINE: Where, in criminal tax prosecution, district court judge made repeated references to guilty pleas entered by defendant’s associates, references constituted trial error because pleas were not in evidence, but, since error was harmless, judgment of the district court was affirmed. CASE: United States v. Poole, No. 09-5128 (decided May [...]

4th Circuit hears first health care law cases 

BY: Virginia Lawyers Weekly
POSTED: May 10, 2011
Tags: 4th circuit court of appeals, 4th u.s. circuit court of appeals, cases, health care law, health care reform, Judge Andre M. Davis, president obama, richmond, U.S. Acting Solicitor General Neal K. Katyal, virginia

RICHMOND, Va. — The legal battle over the federal health care act has made it to the next level. The 4th U.S. Circuit Court of Appeals on Tuesday heard arguments in the first two cases to advance from the trial court level to a federal appeals court, en route to a likely showdown in the [...]

Opinions: 4th Circuit U.S. Court of Appeals: 3/28/11 

BY: Daily Record Staff
POSTED: March 27, 2011
Tags: 4th circuit court of appeals, corporate law, Inc., Katyle v. Penn National Gaming, lbo, opinions, securities fraud, united states

Corporate Law Securities fraud BOTTOM LINE: Because the plaintiffs’ third amended complaint did not sufficiently allege loss causation, as required in an action for securities fraud under the Private Securities Litigation Reform Act of 1995, the district court did not abuse its discretion in refusing to allow the plaintiffs to file. CASE: Katyle v. Penn [...]

Bankrupt woman’s state tax debt nondischargeable

BY: Dolan Media Newswire
POSTED: March 13, 2011
Tags: 4th circuit court of appeals, bankrupt, IRS, maryland, maryland comptroller, nondischargeable, state income tax return, tax debt, woman

A debtor’s state tax liabilities were not discharged in her bankruptcy case, the 4th Circuit Court of Appeals has affirmed. In 1996, Denise Ciotti filed Maryland state income tax returns for tax years 1992 through 1996. She filed for Chapter 7 bankruptcy on April 9, 2007, received a discharge of debts and her Chapter 7 [...]

4th Circuit affirms JMU sports cuts

BY: Associated Press
POSTED: March 9, 2011
Tags: 4th circuit court of appeals, 4th u.s. circuit court of appeals, budget cuts, Equity in Athletics, Inc. v. Department of Education, james madison university, jmu, Sports

RICHMOND, Va. — A federal appeals court has upheld James Madison University’s decision to eliminate 10 sports teams to achieve gender balance. A three-judge panel of the 4th U.S. Circuit Court of Appeals affirmed a federal judge’s dismissal of the lawsuit filed by Equity in Athletics Inc., a coalition of student athletes, coaches, parents and [...]

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