LexisNexis® Legal Newsroom
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...

CA4 on Social Distinction / Social Group: Oliva v. Lynch

Oliva v. Lynch, Nov. 25, 2015 - "We conclude that the BIA erred by interpreting the nexus requirement too narrowly, and that Oliva successfully demonstrated that membership in his proposed social groups was at least one central reason for his persecution. We further conclude that the BIA failed...

4th Circuit Affirms $2 Million Award In 1st Pelvic Mesh Trial, Says 510(k) Not Probative

RICHMOND, Va. — (Mealey’s) In an expedited appeal, the Fourth Circuit U.S. Court of Appeals on Jan.14 affirmed a $2 million verdict in the first pelvic mesh multidistrict litigation case to go to trial and affirmed the trial court’s exclusion of the device’s 510(k) clearance as...

CA4 on Adopted Children: Ojo v. Lynch

Ojo v. Lynch, Feb. 16, 2016 - "Adebowale Oloyede Ojo, a native of Nigeria and the adopted son of a United States citizen, petitions for review of the decision of the Board of Immigration Appeals (the “BIA”) denying a motion to reopen his removal proceedings. In so ruling, the BIA relied...

CA4 on Categorical Approach, Theft, Embezzlement: Mena v. Lynch

Mena v. Lynch, Apr. 27, 2016 - "Common sense suggests that knowingly receiving either stolen or embezzled property – i.e., the offense set forth in the second paragraph of § 659 - is a form of theft. See, e.g., United States v. Johnson, 612 F.2d 843, 846 (4th Cir. 1979) (noting that the...

CA4 on Aggravated Felony: Larios-Reyes v. Lynch

Larios-Reyes v. Lynch, Dec. 6, 2016 - "We find that the BIA erred as a matter of law and hold that Larios-Reyes’s conviction does not constitute the aggravated felony of “sexual abuse of a minor” under the INA because Maryland Criminal Law Article § 3-307 proscribes more conduct...

CA4 on Standard of Review: Upatcha v. Sessions

Upatcha v. Sessions, Feb. 22, 2017 - "Facing deportation, petitioner Juraluk Upatcha, a citizen of Thailand, sought a hardship waiver that would allow her to stay in the country despite the fact that her marriage to a United States citizen had ended in divorce. An immigration judge (“IJ”...

CA4 on Jurisdiction, Categorical Approach: Castendet-Lewis v. Sessions

Castendet-Lewis v. Sessions, Apr. 25, 2017 - "We first assess — and deny — the Attorney General’s renewed motion to dismiss. We then proceed to the merits of Castendet’s petition for review, which contends that his burglary offense is not an aggravated felony. Because we...

UT Law Prof. Stephen Vladeck Previews the CA4 Oral Argument on the Travel Ban

C-SPAN, May 8, 2017 - " Stephen Vladeck previewed the Fourth Circuit Court of Appeals oral argument on the Trump Administration’s revised travel ban executive order issued in March 2017. The court was considering an appeal of a Maryland U.S. District judge’s ruling blocking the president’s...

Thoughts on the Appellate Court Decision Against Trump’s Revised Travel Ban

Ilya Somin, Washington Post, May 25, 2017 - "In a 10-3 decision today, the US Court of Appeals for the Fourth Circuit has upheld a trial court injunction against President Trump’s revised travel ban executive order, temporarily barring citizens of six Muslim-majority nations from entering...