International Criminal Court Lacks Authority to Proceed Against Israel

SAMUEL ESTREICHER, GEORGE BOGDEN

NYU law professor Samuel Estreicher and JD candidate George Bogden, PhD, comment on a recent filing by the Prosecutor of the International Criminal Court (ICC) asking the court to exercise jurisdiction and grant permission to pursue an investigation of alleged war crimes in the West Bank and the Gaza Strip. Estreicher and Bogden argue that because Israel is not a state party to the action and Palestine is not a state recognized by international law, the ICC lacks territorial jurisdiction under the Rome Statute.

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United States v. Rumley

Docket: 19-4412

Opinion Date: March 13, 2020

Judge: Niemeyer

Areas of Law: Criminal Law

The Fourth Circuit affirmed defendant's sentence as an armed career criminal subject to a mandatory minimum sentence of 15 years in prison. On appeal, defendant argued that reliance in his 2019 sentencing on a prior conviction that had not been designated as an Armed Career Criminal Act (ACCA) predicate in his 2008 presentence report violated United States v. Hodge, 902 F.3d 420 (4th Cir. 2018). The court held that Hodge was not controlling in this case, because Hodge is grounded on the defendant's lack of notice and opportunity to contest an ACCA predicate identified for the first time during a collateral proceeding. In this case, defendant had both notice and a meaningful opportunity to challenge the designated predicate convictions prior to the resentencing hearing. The court also held that the district court did not clearly err in finding that, taken together, the documents demonstrated that defendant was in fact convicted of unlawful wounding in 1979. Furthermore, a conviction of Virginia Code 18.2-51 is a violent felony for the purpose of applying ACCA's sentencing enhancement, as it involves the use of physical force required by 18 U.S.C. 924(e)(2)(B)(i).

Williams v. Dimensions Health Corp.

Docket: 18-2139

Opinion Date: March 13, 2020

Judge: Quattlebaum

Areas of Law: Health Law, Personal Injury

Plaintiff filed suit against the hospital, alleging that it violated the Emergency Medical Treatment and Active Labor Act (EMTALA) by failing to properly screen him and stabilize his condition. The Fourth Circuit adopted the requirement of a good faith admission and held that a party claiming an admission was not in good faith must present evidence that the hospital admitted the patient solely to satisfy its EMTALA standards with no intent to treat the patient once admitted and then immediately transferred the patient. The court held that plaintiff failed to point to evidence that creates a genuine issue of material fact as to this high standard. Furthermore, plaintiff failed to point to any evidence in support of his theory that the hospital admitted plaintiff to improperly hoard him in order to garner his premium insurance benefits.

Baehr v. The Creig Northrop Team, P.C.

Docket: 19-1024

Opinion Date: March 13, 2020

Judge: Robert Bruce King

Areas of Law: Real Estate & Property Law

Plaintiffs, as representatives of a putative class of plaintiffs, specified in their operative single-count complaint that the kickback scheme, in which the Lakeview Defendants paid the Northrop Defendants for marketing services that were actually illegal business referrals, deprived them and the other class members of impartial and fair competition between settlement services providers, in violation of the Real Estate Settlement Procedures Act (RESPA). The Fourth Circuit held that plaintiffs lack Article III standing to sue, because plaintiffs did not suffer any real-world harm, much less a concrete injury, from the deprivation of impartial and fair competition between settlement providers. The court also rejected plaintiffs three novel theories of standing. Therefore, the court vacated the summary judgment award and remanded for dismissal.