Asylum restored to man who grabbed officer’s hand

BY: Barbara Grzincic
POSTED: May 19, 2013
Tags: 4th u.s. circuit court of appeals, afghan, department of homeland security, Law, legal news, maryland, police, refugee, The Bureau of Immigration Affairs

An Afghan refugee can stay in this country despite pleading guilty to second-degree assault on a Montgomery County police officer who was processing his arrest for driving under the influence, the 4th U.S. Circuit Court of Appeals held.

Opinions – 5/9/13: 4th U.S. Circuit Court of Appeals

BY: Daily Record Staff
POSTED: May 8, 2013
Tags: 4th u.s. circuit court of appeals, Law, law digest, legal news, opinions

Administrative Law Security clearance BOTTOM LINE: District court properly dismissed intelligence agency employee’s claim that his top secret security clearance was wrongly revoked by government agency, because although employee’s complaint set forth various constitutional claims, these claims merely challenged merits of agency’s security clearance decision, and courts lack subject matter jurisdiction to review merits of [...]

Appeals court strikes down union poster rule

BY: Associated Press
POSTED: May 7, 2013
Tags: 4th u.s. circuit court of appeals, d.c., labor union, National Labor Relations Board, nlrb, u.s. court of appeals for the district of columbia

WASHINGTON — In another blow to the nation’s dwindling labor unions, an appeals court on Tuesday struck down a federal rule that would have required millions of businesses to put up posters informing workers of their right to form a union. The U.S. Court of Appeals for the District of Columbia Circuit said the National [...]

Law digest – 5/2/13

BY: Daily Record Staff
POSTED: May 1, 2013
Tags: 4th u.s. circuit court of appeals, Court of Appeals, law digest, legal news, maryland, opinions

MARYLAND COURT OF APPEALS Negligence, Immunity: Neither the Good Samaritan Act nor the Fire and Rescue Act relieves a commercial ambulance company of civil liability for the alleged negligence of an employee committed when an emergency arises during a transfer of a patient between medical facilities. TransCare Maryland, Inc. v. Murray, No. 24, Sept. Term, [...]

Opinions – 5/2/13: 4th U.S. Circuit Court of Appeals

BY: Daily Record Staff
POSTED: May 1, 2013
Tags: 4th u.s. circuit court of appeals, Law, law digest, legal news, opinions

Contract Law Breach of implied contract BOTTOM LINE: District court properly dismissed plaintiffs’ contract, negligence, and fraud claims against bank arising from bank’s denial of plaintiffs’ application for mortgage modification under federal program for struggling homeowners, because bank’s provision of mortgage modification application to homeowners did not give rise to implied-in-fact contract that plaintiffs’ application [...]

4th Circuit revives suit against Marriott

BY: Associated Press
POSTED: May 1, 2013
Tags: 4th u.s. circuit court of appeals, lawsuit, marriott, marriott international, terrorism

RICHMOND, Va. — A federal appeals court has reinstated a lawsuit accusing Marriott International of failing to adequately protect guests from a 2008 terrorist attack that killed more than 50 people at a Pakistan hotel. The family of victim Albert DiFederico of Chantilly, Va., filed the wrongful death lawsuit in Maryland, where Marriott is based. [...]

4th Circuit trims ex-businessman’s fraud convictions

BY: Associated Press
POSTED: April 29, 2013
Tags: 4th u.s. circuit court of appeals, adley abdulwahab, fraud, Law, legal news, virginia

RICHMOND, Va. — A federal appeals court on Monday reversed five of a former Texas businessman’s 15 convictions in a $100 million life insurance fraud scheme. A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond also ordered a new sentencing for Adley Abdulwahab of Spring, Texas. Abdulwahab was sentenced to 60 [...]

Book casts a light on the ‘hidden judiciary’

BY: Kristi Tousignant
POSTED: April 28, 2013
Tags: 4th u.s. circuit court of appeals, book, federal appeals court, hidden judiciary, Law, legal news, maryland, University of Maryland Francis King Carey School of Law, william l. reynolds

Professor William L. Reynolds poses with the book he co-authored, ‘Injustice on Appeal: The United States Courts of Appeals in Crisis,’ at the University of Maryland Francis King Carey School of Law.

Fifty years in the making, a “hidden judiciary” has taken root and flourished within the federal appellate system, William L. Reynolds says.

4th Circuit leaves security-clearance questions up to agencies

BY: Associated Press
POSTED: April 25, 2013
Tags: 4th u.s. circuit court of appeals, breaking news, government agencies, Law, security clearances

RICHMOND, Va. — Decisions on whether to grant employees security clearance should be left up to the agencies assessing national security risks — not the courts — a federal appeals court ruled Thursday. A panel of the 4th U.S. Circuit Court of Appeals upheld a lower court’s decision dismissing a 2011 lawsuit filed by Mahmoud [...]

Law digest – 4/25/13

BY: Daily Record Staff
POSTED: April 24, 2013
Tags: 4th u.s. circuit court of appeals, Court of Appeals, law digest, legal news, maryland, opinions

MARYLAND COURT OF APPEALS Constitutional Law, Removal of elected official: Plaintiff was removed from office by operation of law on the day she was sentenced for misconduct in office while in office, notwithstanding the fact that she subsequently was afforded probation before judgment. Hall v. Prince George’s County Democratic Central Committee, No. 100, Sept. Term, [...]