Ashley II Holdings Require Caution
On April 4, 2013, the Fourth Circuit Court of Appeals issued a much anticipated decision in PCS Nitrogen, Inc. v. Ashley II of Charleston LLC, No. 11-1662 (4th Cir. April 4, 2013) (Ashley II). Full Story
Fourth Circuit Court of Appeals
Fourth Circuit Nixes Requirement That All Defendants Physically Sign Notice of Removal to Federal Court
The Fourth Circuit recently weighed in on a technical question involving the process for removing a case against multiple defendants to federal court—namely, whether every defendant must actually sign the notice of removal. Full Story
Nothing Goes Better with Race Tires Than . . . Wine?! – Fourth Circuit Limits Taxable EDiscovery Costs
As we’ve discussed multiple times (see here, here, and here), the issue of what types of ediscovery costs are taxable under 28 U.S.C. § 1920 was first addressed by a federal appellate court last spring in Race Tires America, Inc. v. Hoosier Racing Tire Corp. Full Story
CERCLA Liability – Current Owner’s Inaction Bars Liability Defense
On April 4, 2013, the U.S. Court of Appeals for the Fourth Circuit held that a bona fide prospective purchaser’s (BFPP) inaction with respect to certain conditions on a contaminated property barred application of the BFPP defense to CERCLA liability. Full Story
4th Circuit Court of Appeals Overturns Money Laundering Convictions in $100 Million Life Insurance Investment Scheme
Adley H. Abdulwahab was convicted of fraud, conspiracy, and money laundering in 2011 in the U.S. District Court for the Eastern District of Virginia relating to a $100 million life insurance settlement scheme which defrauded more than 800 investors. Full Story
Fourth Circuit Addresses Taxable Costs Related to ESI
In this case, the Fourth Circuit clarified “what expenses related to electronically stored information (“ESI”) are taxable under the federal taxation-of-costs statute as ‘[f]ees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case’” and affirmed the district court’s order “taxing only the costs of converting electronic files to non-editable formats, and transferring files onto CDs.” Full Story
Don’t Want to Arbitrate? Pay Attention to All of Your Contract
You are a business. You sign a two page purchase order contract that references additional “terms and conditions” on the “following pages,” but there are no following pages. Full Story
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Fourth Circuit Takes a Narrow View On Recovery of E-Discovery Costs
You’ve undoubtedly prevailed in a federal case — either at summary judgment or after a trial — and you have probably struggled with what you are entitled to recover as costs under 28 U.S.C. §1920. Full Story
Appeals Court Rules That Federal Courts May Hear Interconnection Agreement Claims in the First Instance
This week, the Fourth Circuit issued an important decision concerning the jurisdiction and role of federal courts in the interpretation and enforcement of state-approved Interconnection Agreements (“ICAs”). Full Story
Fourth Circuit Substantially Reduces Jury’s Emotional Damages Award
In the Fourth Circuit (the federal court with appellate jurisdiction over the district courts in Virginia, Maryland, West Virginia, South Carolina and North Carolina), six-figure compensatory damage awards are rarely upheld on a motion for remittitur. Full Story
