Attempted Hobbs Act robbery decision creates circuit split
Attempted Hobbs Act robbery is not a “crime of violence” because it may be committed without the use or attempted use of physical force. This decision splits from three other circuits, which held that...
View ArticleNo probable cause to believe defendant with girlfriend
Where the police went to the private home of the defendant’s girlfriend believing he might be there, but lacked probable cause to conclude that he lived there, their entry without a warrant required...
View ArticleFailure to raise double jeopardy not ineffective assistance
Where a defendant challenged his convictions stemming from his involvement with MS-13, the court joined other circuits in finding the Double Jeopardy Clause prohibits imposition of cumulative...
View ArticleState-sanctioned anticompetitive conduct not actionable
Because the Virginia legislature has conferred broad authority on local governing bodies to engage in anticompetitive conduct in the EMS vehicle services market, antitrust claims against the City of...
View ArticleLab owner liable for $111M judgment
Where the owner of a blood testing laboratory and two lead salespersons were repeatedly warned that paying commissions to independent contractors might violate an anti-kickback statute, but they went...
View ArticleNo jurisdiction over France.com trademark suit
Where French trial and appellate courts previously declared the French Republic, and not a California company, is the rightful owner of the domain name France.com, the French Republic was immune from...
View Article‘Fighting words’ conviction vacated despite epithet
Where the defendant’s use of the N-word constituted “abusive language” under Virginia’s “fighting words” statute, but the government offered no evidence that two African American individuals responded...
View Article‘Contemporaneous’ access to complaints ordered
Where there is a historic right of access to judicial documents because they provide the public with insight into the functioning of the judicial process, two Virginia courts were ordered to provide...
View Article$22.35 million defamation award vacated
Where a jury awarded $22.35 million to a healthcare investor because he was defamed by a biotechnology company, but the jury did not receive evidence sufficient to support the award, the award was...
View ArticleU.S. can be sued for Clean Air Act violation
Where a provision in the Clean Air Act waived the United States’ sovereign immunity as to “any . . . remedy or sanction,” North Carolina could sue the United States to recover an unpaid civil penalty...
View ArticleClaim foreclosed by prior settlement agreement
Where a ship repair company previously signed a settlement agreement with the US Navy that contained a broad release, and it did not carve out any other claims, that release barred a breach of contract...
View ArticleEqual Pay claim turns on wage rate, not total compensation
Where an employee alleges she was paid less than male comparators, the court should only consider an employee’s base salary or wage rate, and not additional compensation like commissions. Background...
View ArticleEmployee’s own allegations doom his ADA claims
Where an employee confirmed in his deposition testimony that he had been “unable to work” since his relapse and failed to suggest a reasonable accommodation that would have allowed him to do so, his...
View ArticleTax Court lacks jurisdiction to consider overpayment claim
Where a statute allows a taxpayer to appeal an adverse administrative ruling of the Internal Revenue Service, or IRS, to the tax court, but the IRS then determined that the taxpayer owed no money, the...
View ArticleBroker awarded $1.1 million for wrongful termination
Where an arbitration panel awarded a broker over $1.1 million for wrongful termination without cause, the district court erred by refusing to enforce the award. Although the employer argued that North...
View ArticleObjection to proposed settlement process explained
Where a class member objects to a proposed settlement, it must first state its objection with specificity. Then the settling parties must demonstrate that the proposed settlement satisfies the...
View ArticleStudent’s First Amendment claim reinstated on appeal
A former Williamsburg-James City County high school student’s First Amendment claim against the county’s school board was reinstated after the 4th U.S. Circuit Court of Appeals found the former...
View ArticleStudent’s First Amendment suit reinstated
Where a high school student alleged that he was suspended after expressing non-threatening factual views about a school shooting in Florida, the district court erred in dismissing his First Amendment...
View ArticleClass certification affirmed over member’s objection
A district court properly approved the settlement of a long-running class action suit brought by life insurance policyholders, the 4th U.S. Circuit Court of Appeals has held. Writing for the 4th...
View ArticleAlleged sentencing error deemed harmless
Where the defendant argued the district court erred by imposing a sentencing enhancement for use or possession of a firearm or ammunition in connection with another felony offense, but the court...
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