Recent changes
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.
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.
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.
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.
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.
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.
Order Grants Reargument and Access to Contaminated Property
The Delaware Superior Court granted reargument on a prior order concerning access to a contaminated property at 512 Main Street. An amended order now grants the Department of Natural Resources and Environmental Control (DNREC) access to remediate petroleum contamination from an underground storage tank, addressing objections raised by the property trust.
Matthew Fortune v. Lloyd Archer - Motion for Summary Judgment
The Delaware Superior Court denied in part THG Transport Inc.'s motion for summary judgment in Matthew Fortune v. Lloyd Archer. The court reserved decision on one issue related to THG's alleged vicarious liability and negligent subcontracting of Rohans Bus Service, whose employee caused a bus crash injuring Matthew Fortune.
Delaware Court Denies Green's Post-Trial Motions
The Delaware Superior Court denied Green Industrial Development Group, LLC's post-trial motions for reargument and to alter or amend the judgment in the case Mortgage Connect Document Solutions, LLC v. Green Industrial Development Group, LLC. The court found no basis for reargument or amendment of its prior decision.
Mickens v Horace Mann Insurance - Summary Judgment Denied
The Delaware Superior Court denied Horace Mann Property and Casualty Insurance Company's motion for summary judgment in a case involving underinsured motorist (UIM) benefits. The court found genuine issues of material fact regarding whether the plaintiff qualified as an "occupant" under the policy.
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