4th Circuit Daily Opinions

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.

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.

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.

City of Southfield v. Advance Auto Parts, Inc. - Securities Fraud Appeal

The Fourth Circuit affirmed a district court's dismissal of a securities fraud case against Advance Auto Parts, Inc. The court found that the plaintiffs failed to adequately allege scienter, or wrongful intent, in their claims that the company and its former officers manipulated accounting to mislead investors. The decision upholds the lower court's ruling.

Brandon Case v. Officer Beasley - Opinion Vacated and Remanded

The Fourth Circuit Court of Appeals vacated and remanded the district court's decision in Brandon Case v. Officer Beasley. The court found that genuine disputes of material fact remain regarding the correctional officers' liability and the applicability of qualified immunity in a case alleging Eighth Amendment violations due to deliberate indifference to prisoner violence.

Fourth Circuit Denies Petition for Writ of Mandamus

The Fourth Circuit denied a petition for a writ of mandamus filed by Roberto Antoine Darden. The petition alleged undue delay by the district court in acting on a motion to alter or amend a previous order. The appellate court found the district court had recently ruled on the motion, rendering the petition moot.

Paul Schultz's Petition for Writ of Mandamus Denied

The Fourth Circuit Court of Appeals denied Paul Schultz's petition for a writ of mandamus. The court found that mandamus relief is not appropriate as a substitute for appeal and that Schultz did not demonstrate a clear right to the relief sought. The petition and a related stay motion were denied.

Paul Schultz Petition for Writ of Mandamus Denied

The Fourth Circuit Court of Appeals denied Paul Schultz's petition for a writ of mandamus. The court found that mandamus relief was not appropriate as a substitute for appeal and that Schultz had not demonstrated a clear right to the relief sought. The petition and a motion for a stay were denied.

Gibbons v. Gibbs - Affirmation of District Court Decision

The Fourth Circuit affirmed a district court's decision in Gibbons v. Gibbs, upholding the dismissal of claims related to the appointment of an election registrar. The court found that the appellant forfeited appellate review by failing to properly proffer evidence and found no abuse of discretion in the district court's evidentiary rulings or jury selection.

Michael Herlihy v. DBMP, LLC - Asbestos Claims in Bankruptcy

The Fourth Circuit Court of Appeals affirmed a bankruptcy court's decision to deny a motion to lift an automatic stay for asbestos claims against DBMP, LLC. The court found that lifting the stay would prejudice the debtor's estate and interfere with a potential Chapter 11 reorganization plan for asbestos claimants.