Tag Archives: appellate jurisdiction

August 7, 2014 4th Circuit published opinion

United States v Modanlo During his trial, Modanlo moved to dismiss one count of his indictment on issue preclusion grounds and later moved to server the count form the remainder of the indictment. Both were denied and Modanlo filed notices … Continue reading

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June 6, 2014 4th Circuit published opinions

Anand v Ocwen Loan Servicing, LLC Anand sued Ocwan in a quiet title action arguing that Anand’s default triggered insurance payments to Ocwen which released the property from the note and the deed of trust securing the note. Ocwan removed … Continue reading

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January 27, 2014 4th Circuit published opinions

Cobra Natural resources, LLC v Federal Mine Safety & Health Review Commission Commission affirmed an order requiring Cobra to temporarily reinstate a mine worker who alleged retaliation for reporting safety concerns. The panel, 2-1, dismissed for lack of jurisdiction. The … Continue reading

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January 24, 2014 4th Circuit published opinions

North Carolina Utilities Commission v Federal Energy Regulatory Commission Commission filed an opposition with the FERC seeking disallowance of five incentive payments to an applicant. After FERC denied their opposition, Commission moved for rehearing. Before FERC decided the motion, it … Continue reading

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January 15, 2014 United States Supreme Court opinion

Ray Haluch Gravel Co. v Central Pension Fund of international Union of Operating Engineers and Participating Employers Fund sued Haluch under ERISA alleging inadequate contributions to the pension funds mentioned in a collective bargaining agreement. It obtain a judgment in … Continue reading

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January 8, 2014 South Carolina Supreme Court published opinions

Martinez v Spartanburg County The circuit court reversed the denial of Martinez’s workers compensation and claim and remanded for further proceedings. The South Carolina Court of Appeals reversed on the merits. The Court vacated the Court of Appeals opinion and … Continue reading

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August 26, 2013 4th Circuit published opinions

United States v Cabrera-Umanzor Cabrera-Umanzor’s sentence was increased based on the district court’s ruling that a prior Maryland child abuse conviction was a crime of violence under the modified categorical approach. The panel reversed. It held that the Maryland child … Continue reading

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August 21, 2013 South Carolina Supreme Court published opinion

State v Isaac Isaac moved for immunity in his murder case under South Carolina’s defense of Person’s and Property act SC Code Section 16-11-410 to 450. The trial court denied his motion. The Court, with one justice concurring separately, dismissed … Continue reading

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July 1, 2013 4th circuit published opinion

Mort Ranta v Gorman Mort Ranta field for Chapter 13 bankruptcy protection. The bankruptcy court denied his proposed plan as not feasible as it did not include social security benefits and including them would allow all creditors to be paid. … Continue reading

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February 27, 2013 South Carolina Supreme Court published opinions

Landers v Federal Deposit Insurance Corporation Launders brought suit alleging his bank employer constructively and wrongly discharged him and committed several torts against him. Bank (which was eventually succeeded in interest by FDIC) moved to compel arbitration under a clause … Continue reading

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