4th Cir.

United States Court of Appeals for the Fourth Circuit

Every decision we've summarized from United States Court of Appeals for the Fourth Circuit.

Apr 17 2026
25-1659 Panel Decision

Eichin v. Ethicon Endo-Surgery, LLC

The Fourth Circuit affirmed summary judgment in a products liability case, holding that the district court correctly applied the strict good cause standard of Federal Rule of Civil Procedure 16(b)(4) to deny a late motion to amend a scheduling order. Because the plaintiff failed to demonstrate the requisite diligence in securing expert testimony, his claims were properly dismissed as fatal to his case.

Apr 17 2026
25-1385 Panel Decision

Kelly Milligan v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated; Bank of America Corporation

The Fourth Circuit affirmed a district court ruling that a financial firm's long-term contingent incentive awards do not qualify as an employee pension benefit plan under ERISA. The court held that the WealthChoice Award program constitutes an exempt bonus plan because it is designed to incentivize retention and productivity rather than systematically defer income for retirement.

Apr 17 2026
25-1058 Panel Decision

Byers v. Painter

The Fourth Circuit affirmed the denial of qualified immunity for a police officer who used deadly force against a man holding a hatchet, ruling that the force was objectively unreasonable under the totality of the circumstances. The court held that the officer violated clearly established Fourth Amendment rights because the suspect posed no immediate threat and was fleeing when shot in the back.

Apr 17 2026
22-7371 Panel Decision

Dorrbecker v. Howard

The Fourth Circuit affirmed the dismissal of a Navy captain's habeas petition challenging his court-martial convictions for attempted sexual offenses against a minor. The court held that the military courts had subject-matter jurisdiction and fully and fairly considered the petitioner's claims regarding conditional intent and treaty-based jurisdiction.

Apr 16 2026
24-1916 Per Curiam

DAVID ANTHONY BABB v. DAVID ISOM; RUDY SOCHA, CEO, WOUNDED NATURE WORKING VETERANS; JOHN J. TECKLENBURG, Retired; MIKE MERRILL, City Police Officer; S.C ATTORNEY GENERAL ALAN WI...

The Fourth Circuit affirmed the dismissal of David Anthony Babb's civil rights complaint, ruling that his allegations failed to plausibly establish that private defendants acted as state actors. The court held that mere licensing, regulation, or state approval of private conduct is insufficient to transform private behavior into state action under 42 U.S.C. § 1983.

Apr 16 2026
23-4686 Per Curiam

UNITED STATES OF AMERICA v. DON EUGENE NIXON, JR

The Fourth Circuit affirmed Don Eugene Nixon Jr.'s drug trafficking conviction and 720-month sentence, ruling that the district court did not commit plain error by omitting a specific voir dire question regarding gang bias. The court further held that the district court properly calculated the drug weight attributable to Nixon and that the sentence was reasonable under the statutory factors.

Apr 16 2026
25-1065 Per Curiam

Bomar v. Board of Education of Harford County

The Fourth Circuit affirmed summary judgment for the Harford County School Board, ruling that four former assistant principals failed to provide sufficient evidence that their reassignment was motivated by discrimination or retaliation. The court held that the plaintiffs could not prove the school board's stated reasons for the reduction in force were pretextual, nor could they establish a causal link for their retaliation claims.