LexisNexis® Legal Newsroom
Steptoe & Johnson PLLC: 4th Circuit Rules CON Statute May Discriminate Against Providers

By Gordon H. Copland | A recent decision suggesting that the Virginia Certificate of Need (“CON”) law may be unconstitutional has widespread implications for CON laws around the country, including West Virginia and Kentucky. The surprising decision, by the Court of Appeals for the Fourth...

Troutman Sanders LLP: Court of Appeals Rules Against Philip Morris in Tobacco Buyout Dispute

By Troutman Sanders Tobacco Practice In an earlier blog post, we discussed a case pending before the United States Court of Appeals for the Fourth Circuit in which the United States District Court for the Eastern District of Virginia evaluated the methodology used by the United States Department of...

CA4 Guts Persecutor Bar Test in Matter of A-H-: Haddam v. Holder

"[T]he Attorney General formulated a new definition of the persecutor bar based on Mr. Haddam’s case. Under the new rule, an individual who is the leader of a political group that has ties with an armed group is denied withholding if there exists “evidence indicating that the leader...

CA4 (en banc) on Md. Resisting Arrest, Crime of Violence: U.S. v. Aparicio-Soria

"The issue before us is whether the Maryland crime of resisting arrest, Md. Code, Crim. Law § 9-408(b)(1), “has as an element the use, attempted use, or threatened use of physical force against the person of another,” and therefore qualifies categorically as a “crime of violence”...

CA4 on Tanzania, Mental Illness, Social Group: Temu v. Holder

"Tumaini Temu is a Tanzanian national who suffers from severe bipolar disorder. In his home country, Mr. Temu was tortured by nurses and prison guards because of his illness. After entering the United States, he applied for asylum, arguing that he was persecuted because of his membership in a particular...

CA4 on Social Group, Former (MS-13) Gang Membership: Martinez v. Holder

"[W]e conclude that the BIA erred as a matter of law in its interpretation of the phrase “particular social group” by holding that former gang membership is not an immutable characteristic of a particular social group for purposes of § 1231(b)(3)." - Martinez v. Holder, Jan...

CA4 on China, One-Child Policy: Chen v. Holder

"For the foregoing reasons, we grant the petition for review as it relates to the BIA’s denial of asylum and withholding of removal based on the petitioners’ fear of being subjected to involuntary sterilization under China’s one-child policy, and we remand that particular claim...

Steptoe & Johnson PLLC: FERC Electric Transmission Line Rate Incentives Affirmed

By Kurt L. Krieger On January 24, the United States Court of Appeals for the Fourth Circuit upheld a 2012 order issued by the Federal Energy Regulatory Commission (“FERC”) denying rehearing of a 2008 order granting rate incentives to an electric utility for various transmission projects...

Company, Government Tell High Court That Landowners’ Claims Are Time-Barred

WASHINGTON, D.C. — (Mealey’s) Attorneys for CTS Corp. and the U.S. Department of Justice told the U.S. Supreme Court April 23 that a Fourth Circuit U.S. Court of Appeals ruling reinstating a lawsuit brought by landowners asserting claims under the Comprehensive Environmental Response, Compensation...

Norton Rose Fulbright: CERCLA's Federal Discovery Rule Does Not Preempt State Statutes Of Repose

By Janet L. McQuaid , Michael P. Gaetani , Joshua Snyder , and Jennifer Blair Caplan . . . [T]he United States Supreme Court held in CTS Corp. v. Waldburger 1 that Section 9658 of CERCLA 2 does not preempt state statutes of repose that set a time frame after which a potential defendant is no longer...

CA4 on Asylum, El Salvador, MS-13, Mara 18: Aquino Cordova v. Holder

"Aquino offered evidence that MS-13 subsequently killed his cousin, Vidal, and had previously killed his uncle, both of whom were members of Mara 18. We cannot agree with the Government’s characterization of this evidence as describing nothing more than the “general conditions of upheaval...

4th Circuit Finds ACA Tax Credit Proper Under IRS Interpretation

RICHMOND, Va. — (Mealey’s) Patient Protection and Affordable Care Act (ACA) language governing whether individuals who enroll through the federal exchange are entitled to tax credits is ambiguous enough to defer to the Internal Revenue Service’s interpretation, a Fourth Circuit U.S...

CA4 on Entry, Official Restraint: De Leon v. Holder

"[A] finding that De Leon entered free from official restraint would qualify him for cancellation of removal -- an outcome the government opposes. The BIA cannot apply its official-restraint standard broadly when broadness favors the government’s position and narrowly when it does not. .....

Williams Mullen: 4th Circuit Adopts More Demanding Test For Exercise Of Objective Prudence By Retirement Plan Fiduciaries

By Mark S. Thomas and Robert W. Shaw In the latest ruling in a long-running battle arising from company stock fund divestments, the U. S. Court of Appeals for the Fourth Circuit has underscored the importance of procedural prudence in the management of plan assets. In Tatum v. RJR Pension Investment...

Foley & Lardner LLP: 8th Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed

By Jacqueline N. Acosta In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act (FCA) by marketing their pain pumps for harmful off-label uses. United States ex rel. Paulos...

CA4 on CIMT: Mohamed v. Holder

"Because Mohamed’s 2011 conviction for failure to register as a sex offender, in violation of Va. Code Ann. § 18.2-472.1, was not a crime involving moral turpitude, the BIA erred as a matter of law in relying on that conviction as a basis to order Mohamed’s removal under 8 U.S.C...

CA4 on Misrepresentation, More: Yang v. Holder

Multiple errors by the BIA on multiple issues. Please read the case in full. Excellent lawyering by Joshua Bardavid ! - Yang v. Holder, Oct. 29, 2014 .

CA4 on Retroactivity, Stop-Time Rule: Jaghoori v. Holder

"When Petitioner pled guilty to credit card theft in 1995, his conviction did not foreclose his opportunity to qualify for discretionary relief. Petitioner continued to accrue the seven years of unrelinquished domicile necessary for a section 212(c) waiver and the seven years of continuous physical...

CA4 on Slavery (TVPA, FLSA) - Cruz v. Maypa

"Cruz alleges that she was forced to work for the defendants for wages well below the minimum from 2002 until her escape in 2008. The district court dismissed all of her claims as time-barred. We affirm the district court’s dismissal of Cruz’s state law claims, but we reverse the dismissal...

CA4 on Divisibility: Omargharib v. Holder

"In this appeal, we consider whether Sayed Gad Omargharib’s conviction under Virginia’s grand larceny statute, Va. Code Ann. § 18.2-95, constitutes an “aggravated felony” under the Immigration and Nationality Act (INA) § 101, 8 U.S.C. § 1101(a)(43). The Board...

CA4 on Theft Offense, Agg. Fel. - Castillo v. Holder

"Julio C. David Castillo, a citizen of Honduras, filed this petition seeking review of a decision by the Board of Immigration Appeals (BIA) dismissing Castillo’s appeal from an immigration judge’s order of removal. The BIA determined that Castillo was removable based on his conviction...

CA4 on Credibility: Ilunga v. Holder (BIA 'manifests a basic misunderstanding of the human condition')

"Faustin Mukadi Ilunga, a citizen of the Democratic Republic of the Congo, appeals the denial of his application for asylum and protection under the Convention Against Torture (“CAT”). We hold that the rejection of Ilunga’s asylum application, largely on the basis of an adverse...

4th Circuit Affirms Directed Verdict In 1st Ethicon Pelvic Mesh MDL Trial

RICHMOND, Va. — (Mealey’s) The Fourth Circuit U.S. Court of Appeals on March 2 affirmed a directed defense verdict last year in the first Ethicon pelvic mesh multidistrict litigation trial ( Carolyn Lewis, et al. v. Johnson & Johnson, et al. , No. 14-1244, 4th Cir.). ( Opinion available...

CA4 on Social Group, El Salvador: Hernandez-Avalos v. Lynch

"Maydai Hernandez-Avalos, a native and citizen of El Salvador, petitions for review of a final order of removal entered by the Board of Immigration Appeals (BIA). For the reasons that follow, we grant Hernandez’s petition for review, vacate the BIA’s order, and remand for further proceedings...

CA4 on Agg. Fel. - Amos v. Lynch

"In this appeal, we review consolidated petitions filed by Richard Jesus Amos, a citizen of the Philippines, challenging decisions of the Board of Immigration Appeals (the BIA, or the Board), which dismissed Amos’s appeal from an immigration judge’s order of removal and denied Amos’s...