4th Circuit Daily Opinions

Adserballe & Knudsen A/S v. Facilities Development Corp. - Fourth Circuit Affirms Arbitral Award Enforcement

The Fourth Circuit affirmed the district court's decision to enforce a Danish arbitral award in favor of Adserballe & Knudsen A/S against Facilities Development Corporation. The court rejected Facilities' arguments that the arbitral award violated public policy under US law and that the arbitration tribunal was improperly composed under AB 92 rules. The court held that the parties' agreement to use Danish contract terms and arbitration rules was controlling under the New York Convention.

US v. Moore, Jr. - Certificate of Appealability Denied, Appeal Dismissed

The Fourth Circuit dismissed Edward Moore, Jr.'s appeal of the Eastern District of North Carolina's denial of his 28 U.S.C. § 2255 motion. The court denied a certificate of appealability, finding Moore failed to make the requisite substantial showing of a denial of constitutional right. The court dispensed with oral argument.

Geneva Enterprises LLC v. Aaron Chavez - Interlocutory Appeal Dismissed

The Fourth Circuit dismissed an interlocutory appeal in No. 25-1469 for lack of appellate jurisdiction. Thirty-one former employees of Geneva Enterprises LLC and AV Automotive LLC sought review of the district court's order denying their motion to compel arbitration and request that Geneva pay arbitration fees. The appellate court affirmed that it lacked jurisdiction because the district court had previously referred the case to arbitration and stayed proceedings pending resolution.

AFSCME v. SSA/DOGE - Preliminary Injunction Vacated

The Fourth Circuit vacated the preliminary injunction that had restricted U.S. DOGE Service personnel from accessing sensitive personal information held by the Social Security Administration. The court reversed the district court's order and remanded the case for further proceedings. The Supreme Court had previously stayed the injunction pending this appeal.

McLaurin v. United States - En Banc Denial

The Fourth Circuit denied en banc rehearing in McLaurin with a 9-7 poll falling short of the required majority, leaving the panel ruling intact. Judge Richardson authored a separate statement identifying a doctrinal error regarding oral pronouncement versus written judgment in criminal sentencing under Rule 43. Judge Wynn penned a separate statement questioning the consistency of voting to deny en banc while articulating compelling grounds for review.

O.W. v. Carr - School Search Fourth Amendment Affirmed

The Fourth Circuit affirmed summary judgment for defendants in a case where a 13-year-old student (O.W.) claimed constitutional violations after school officials and a School Resource Officer searched his phone and referred him for criminal charges related to child pornography possession. The court rejected claims under the Fourth, Fifth, and Fourteenth Amendments.

Ortiz-Ramirez v. Blanche - Asylum/Withholding Denial Affirmed

The Fourth Circuit denied Nury Ortiz-Ramirez's petition for review of the BIA's denial of asylum, withholding of removal, and CAT protection. The court found procedural forfeiture because Ortiz-Ramirez failed to challenge the required nexus between any persecution and a protected ground. The court also declined to review due process claims for failure to exhaust administrative remedies.

Beckie Boddie Appeal - Affirmed in Part, Dismissed in Part

The Fourth Circuit affirmed the District of Maryland's order striking Beckie Boddie's Fed. R. Civ. P. 60(b)(4) motion for lack of standing, finding she was not a party to the underlying fraud redress proceedings and did not qualify for nonparty appellate standing. The court dismissed her appeal challenging the district court's fraud victim redress plan.

Perry v. Marteney - Religious Exemption from Vaccination Reversed

The Fourth Circuit reversed a district court decision and held that West Virginia's compulsory school vaccination law does not unconstitutionally burden the First Amendment by refusing to grant religious exemptions. The court found the state's police power to protect public health justifies mandatory vaccination requirements without religious accommodation. This ruling upholds West Virginia's position as an outlier among states in denying religious exemptions to school vaccination requirements.

Walker v. City of Charlotte - Undue Influence in Municipal Settlement Release

The Fourth Circuit reversed the Western District of North Carolina's summary judgment in Walker v. City of Charlotte, holding that a genuine dispute of material fact exists as to whether an elderly widow's $45,000 settlement release was obtained through undue influence. Walker, facing homelessness after raw sewage flooded her home, signed the release under financial duress to secure emergency repairs. The court found sufficient evidence for a jury to conclude the City exploited her vulnerable position.