4th Circuit Daily Opinions

US v. Tomonta Simmons - Affirmation of Conviction and Sentence

The Fourth Circuit Court of Appeals affirmed the conviction and sentence of Tomonta Simmons for illegal firearm possession. The court found no meritorious grounds for appeal, addressing claims related to the Second Amendment and sentencing reasonableness.

US v. Adkins - Appeal of Sentence for Firearm Possession

The Fourth Circuit affirmed the district court's decision to impose an upward variance sentence on Donnell Deangelo Adkins for possession of a firearm by a felon. The court found the sentence to be procedurally and substantively reasonable, upholding the 105-month imprisonment term.

S.W. v. Pressley Ridge - Affirmation of Dismissal of Tort Claims

The Fourth Circuit affirmed a district court's dismissal of state-law tort claims against Pressley Ridge. The court found the claims were time-barred by West Virginia's statute of limitations and did not qualify for tolling under a specific statute related to sexual abuse concealment.

Sheldon v. Allergan Sales - False Claims Act

The Fourth Circuit Court of Appeals reversed and remanded a False Claims Act case involving Allergan Sales, LLC. The decision clarifies the scienter requirement for liability under the Act, impacting how drug manufacturers report rebates and discounts to government programs like Medicaid.

Living Lands, LLC v. Harold Ward - Environmental Law Appeal

The Fourth Circuit affirmed a district court's decision in Living Lands, LLC v. Harold Ward, dismissing claims related to West Virginia's environmental reclamation activities. The court found that the plaintiffs' claims were barred by claim preclusion or failed to state a claim under the Clean Water Act.

Bolick v. Anderson - Eighth Amendment Conditions of Confinement

The Fourth Circuit Court of Appeals partially affirmed, vacated, and remanded Bolick v. Anderson. The court found that genuine issues of material fact preclude summary judgment on the plaintiff's Eighth Amendment claim regarding inhumane conditions of confinement against Kirkland officials, but agreed the Director of the South Carolina Department of Corrections could not be held liable.

NAACP v. SC Juvenile Justice - Rehearing En Banc Granted

The Fourth Circuit Court of Appeals has granted a rehearing en banc in the case of NAACP v. SC Juvenile Justice. Parties are required to file additional copies of their briefs within 10 days, and the case is tentatively scheduled for oral argument.

Terrance Reeves v. Pete Hegseth - Employment Discrimination Appeal

The Fourth Circuit Court of Appeals affirmed in part, vacated in part, and remanded a district court decision in Terrance Reeves v. Pete Hegseth. The court affirmed the dismissal of race discrimination and hostile work environment claims but vacated the summary judgment on the retaliation claim, remanding it for further proceedings.

Public Admonishment for Eric Chibueze Nwaubani

The Fourth Circuit Court of Appeals issued a public admonishment to attorney Eric Chibueze Nwaubani for violating Local Rule 46(g)(1)(c). The disciplinary action stems from Nwaubani's submission of briefs containing citations to nonexistent judicial opinions, potentially generated by AI.

Anderson v. Crouch - Reversed and Remanded

The Fourth Circuit Court of Appeals reversed and remanded the case of Shauntae Anderson v. William Crouch. The court's published opinion addressed issues related to the West Virginia Department of Health and Human Resources and the Bureau for Medical Services. The specific details of the reversal and remand are outlined in the opinion.