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Tag Archives: 4th U.S. Circuit Court of Appeals

Opinions – 2/13/14: 4th U.S. Circuit Court of Appeals (access required)

Constitutional Law Preemption BOTTOM LINE: Consumer’s negligence claims for injuries sustained as result of use of dangerous drug manufactured by defendant pharmaceutical company were preempted by impossibility under Federal Food, Drug, and Cosmetics Act because, if there was a general ...

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Opinions – 1/30/14: 4th U.S. Circuit Court of Appeals (access required)

Criminal Procedure Right to assistance of counsel  BOTTOM LINE: Although federal law entitles a capital-eligible defendant to the assistance of two attorneys, it imposes no affirmative obligation on the court to advise the defendant of that right or to do ...

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Opinions – 1/23/14: 4th U.S. Circuit Court of Appeals (access required)

Civil Procedure Removal  BOTTOM LINE: Plaintiffs’ personal injury suit was properly removed to federal court based on diversity jurisdiction because plaintiffs were West Virginia residents and defendant, whose Ohio officers were responsible for directing and controlling company’s activities, had its ...

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Opinions – 11/21/13: 4th U.S. Circuit Court of Appeals (access required)

Civil rights Qualified Immunity  BOTTOM LINE: Police officers were not entitled to qualified immunity from plaintiff’s claims of excessive force arising from incident in which officers shot and injured plaintiff while plaintiff was standing at the threshold of his home ...

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Opinions-11/6/13: U.S. 4th Circuit Court of Appeals (access required)

Bankruptcy Law Inheritance as part of estate  BOTTOM LINE: An inheritance that postdated debtor’s Chapter 13 petition by more than 180 days was properly included in the debtor’s bankruptcy estate, because the plain language of the statute blocked debtors from ...

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Opinions – 10/24/13: 4th U.S. Circuit Court of Appeals (access required)

Criminal Law Crimes of violence  BOTTOM LINE: Defendant’s second-degree assault conviction did not constitute a predicate “violent felony” supporting a statutory sentencing enhancement because, under the applicable traditional categorical approach, Maryland’s second-degree assault statute reaches any unlawful touching, whether violent ...

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Judge Davis to take senior status next spring (access required)

Judge André M. Davis of the 4th U.S. Circuit Court of Appeals said he will take senior status on March 1, giving President Barack Obama the opportunity to appoint a new member of the federal appellate court that oversees Maryland, Virginia, West Virginia and the Carolinas.

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