Williams Mullen: The Emerging Frontiers For Equitable Remedies Under ERISA In The 4th Circuit: Moon v. BWX Technologies

By Mark S. Thomas and Robert W. Shaw The U. S. Court of Appeals for the Fourth Circuit continues to build out the boundaries of ERISA's equitable remedies, which have expanded in the Fourth Circuit in the wake of the U. S. Supreme Court's decision in CIGNA Corp. v. Amara , 131 S. Ct. 1866...

Williams Mullen: 4th Circuit Holds That Plan Administrators' Alleged Fiduciary Breach Based On 401(k) Plans' Fund Selection Is Time-Barred

By Mark S. Thomas and Robert W. Shaw The Fourth Circuit rejected the claims of a putative class action brought on behalf of participants of two retirement plans sponsored by Bank of America. In David v. Alphin , No. 11-2181 (4th Cir. Jan. 14, 2013) [ enhanced version available to lexis.com subscribers...

CA4 on INA Sec. 360: Patel v. Napolitano

"Kamal Patel, a permanent resident alien and federal inmate, appeals the dismissal of his action under 8 U.S.C. § 1503(a) for a judgment declaring him a United States national. Patel alleges that he is a United States national because he applied for citizenship, registered for the Selective...

CA4 on Credibility, Discrepancies: Bassanguen v. Holder (Unpub.)

"...remand is necessary to allow the IJ and the BIA to reassess Bassanguen’s credibility under the totality of the circumstances, without regard to this single discrepancy." DAVIS, Circuit Judge, concurring in the judgment: "I agree that the record compels us to grant the petition...

CA4 on Assault, Crime of Violence, Agg. Fel. - Karimi v. Holder

"Ali Sina Karimi petitions this court for review of a Board of Immigration Appeals ("BIA") final order of removal. Karimi contends the BIA erred when it ruled that his Maryland second-degree assault conviction was for a "crime of violence" under 18 U.S.C. § 16, and thus...

Steptoe & Johnson PLLC: Production 'Irrelevant' Under Flat-Rate Leases

By Bridget D. Furbee A good outcome for oil and gas operators in West Virginia was provided by the U.S. Court of Appeals for the Fourth Circuit on May 7, 2013. Referencing "... longstanding West Virginia law," the Court affirmed the validity of a 1933 lease finding "... the quantity...

Williams Mullen: 4th Circuit Upholds Lengthy 'Stent' for Interventional Cardiologist

By John Staige Davis V Can a cardiologist be sent to prison for performing medically unnecessary stent procedures, even though he stented a considerably lower percentage of his patients than his peers? In United States v. McLean, No. 11-5130 (Apr. 23, 2013) ) [lexis.com subscribers may access the...

CA4 Blocks Key Provisions of South Carolina Anti-Immigrant Law: USA v. S. Carolina

"We have held that Lowcountry Plaintiffs and the United States have made a clear showing that they are likely to succeed on the merits of their challenge to Sections 4, 5, and 6(B)(2) of Act 69. We further hold that the appellee-plaintiffs have made a clear showing they will likely suffer irreparable...

CA4 on Local Enforcement of Federal Immigration Law: Santos v. Frederick County

"[W]e hold that, absent express direction or authorization by federal statute or federal officials, state and local law enforcement officers may not detain or arrest an individual solely based on known or suspected civil violations of federal immigration law. Like the district court, we conclude...

U.S. High Court Won’t Hear Arguments That Punitives Are Preempted In Drug Cases

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 7 refused to hear arguments by Novartis Pharmaceuticals Corp. that federal drug regulations and high court precedent preempt the awarding of state law punitive damages in an Aredia/Zometa jaw injury case ( Novartis Pharmaceuticals...

Matter of U. Singh Remanded

"This case is before us instantly pursuant to a remand from the United States Court of Appeals for the Fourth Circuit filed on July 5, 2012. ... In our published decision, Matter of U. Singh , [25 I&N Dec. 670 (BIA 2012)] we reached two main conclusions: ( 1) a decision by a federal court of...

Two Big Asylum Cases at 4th Circuit This Week

"This week, the U.S. Court of Appeals for the Fourth Circuit, the federal appellate court which sets federal law in Maryland, Virginia, West Virginia and the Carolinas, will hear two cases regarding U.S. asylum law. In Temu v. Holder and Martinez v. Holder, the court will consider the contours of...

CA4 Solidifies Descamps: U.S. v. Royal

" Besides federal criminal law, United States v. Royal , No. 10-5296 (4th Cir. Oct. 1, 2013), impacts immigration law in the Fourth Circuit. ... The Fourth Circuit has solidified the Descamps approach as the law of the land. Practitioners in criminal law and immigration law should take note."...

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...