4th Circuit Daily Opinions

Island Creek Coal Company Petition Denied - Black Lung Benefits

The Fourth Circuit Court of Appeals denied Island Creek Coal Company's petition for review of a Benefits Review Board decision. The Board had affirmed an Administrative Law Judge's denial of black lung benefits. The court found the Board's decision was based on substantial evidence and without reversible error.

APAC-Atlantic v. Owners Insurance Company - Insurance Indemnification Dispute

The Fourth Circuit Court of Appeals vacated and remanded a district court's decision in APAC-Atlantic v. Owners Insurance Company. The court found that APAC's liability to accident victims arose out of the work performed by its subcontractor, Emery Sealco, Inc., thus entitling APAC to indemnification under its insurance policy.

Isaiah Wilkins et al. v. Pete Hegseth et al. - Court Opinion

The Fourth Circuit Court of Appeals reversed and remanded a lower court decision concerning the U.S. Military's policy denying induction to individuals with HIV. The court's opinion addresses the military's justifications for its policies and the plaintiffs' arguments regarding medical conditions.

Cerna v. Bondi - Immigration Appeal Denied

The Fourth Circuit Court of Appeals denied a petition for review filed by Ivan Remberto Cerna. The court found that substantial evidence supported the Board of Immigration Appeals' ruling that the immigration judge erred in granting deferral of removal under the Convention Against Torture.

Jorge Artica-Paz v. Pamela Bondi - Immigration Habeas Corpus

The Fourth Circuit Court of Appeals denied a petition for review filed by Jorge Artica-Paz, an individual from El Salvador, challenging the Board of Immigration Appeals' denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. The court found substantial evidence supported the denial.

Natalie A. Tao v. United States Bankruptcy Court - Mandamus Petition Denied

The Fourth Circuit Court of Appeals denied Natalie A. Tao's petition for a writ of mandamus against the U.S. Bankruptcy Court for the District of Maryland. The court found that the dismissal of her Chapter 13 petition rendered much of her requested relief moot and that she did not demonstrate a clear right to the remaining relief sought.

Garten Trucking LC v NLRB - Enforcement of Labor Order

The Fourth Circuit Court of Appeals affirmed a National Labor Relations Board order against Garten Trucking LC. The court found Garten interfered with employee union organizing efforts and ordered the company to bargain with the union.

Eleanor McGinn v. Broadmead, Inc. - Contract and Negligence Appeal

The Fourth Circuit Court of Appeals partially affirmed and partially vacated a district court's summary judgment in Eleanor McGinn v. Broadmead, Inc. The court found that genuine questions of material fact remain regarding McGinn's gluten exposure in January 2021, vacating the summary judgment on breach of contract and negligence claims for that incident.

US v. Daqua Ritter - Affirmation of Conviction

The Fourth Circuit Court of Appeals affirmed the conviction of Daqua Ritter for murder and related charges. The court rejected Ritter's arguments regarding juror bias, insufficient jury instructions, and insufficient evidence, upholding the life sentence.

US v. Javon Jenkins - Affirmation of Conviction

The Fourth Circuit Court of Appeals affirmed the conviction of Javon Emory Jenkins for possession of a firearm by a convicted felon. The court reviewed the denial of Jenkins' motion to suppress evidence seized from his vehicle.