Recent changes
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.
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.
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.
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.
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.
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.
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.
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.
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.
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