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Opinions – 9/18/13: 4th U.S. Circuit Court of Appeals
Criminal Procedure Search & seizure BOTTOM LINE: The defendant had no reasonable expectation of privacy in the contents of a trash can that was located at least 20 feet from apartment’s back door, in a courtyard used by all residents of the apartment complex; the U.S. District Court properly denied defendant’s motion to suppress evidence […]
Court: Clicking ‘Like’ on Facebook is free speech
RICHMOND, Va. — Clicking “Like” on Facebook is constitutionally protected free speech and can be considered the 21st century-equivalent of a campaign yard sign, a federal appeals court ruled Wednesday. The 4th U.S. Circuit Court of Appeals in Richmond reversed a lower court ruling that said merely “liking” a Facebook page was insufficient speech to […]
4th Circuit revives $25M action alleging bid to block Wegmans
A Gambrills shopping center developer can pursue its $25 million lawsuit against a labor union for using allegedly “sham litigation” to wage an unsuccessful war to keep out Wegmans, a federal appeals court has ruled.
Law digest – 8/22/13
MARYLAND COURT OF APPEALS Professional Responsibility, Sixty-day suspension: Where attorney, who had previously been disciplined for similar misconduct, failed to properly perform her fiduciary duties in respect to an escrow/trust account and failed to respond to letters from Bar Counsel, the appropriate remedy was a 60-day suspension. Attorney Grievance Commission v. Melissa D. Gray, Misc. [&he[...]
Opinions – 8/22/13: 4th U.S. Circuit Court of Appeals
Workers’ Compensation Attorney’s fees under Black Lung Benefits Act BOTTOM LINE: In former employer’s challenges to attorneys’ fees and other related fees awarded under Black Lung Benefits Act, the administrative law judge’s determination of prevailing market rates for attorneys was supported by multiple prior fee awards in Black Lung Benefits Act cases and was consistent […]
Va. man back in court over inclusion on no-fly list
ALEXANDRIA, Va. — It’s been 2 ½ years since Gulet Mohamed, then 19, found himself stuck in Kuwait, unable to return to the United States because of his apparent placement on the government’s no-fly list. Mohamed made it back to the U.S. not long after a federal lawsuit was filed on his behalf in January […]
Law digest – 8/15/13
U.S. 4TH CIRCUIT COURT OF APPEALS Administrative Law, Jurisdiction: District court lacked jurisdiction under Administrative Procedure Act to consider emergency petition to alter terms of bond fixed by U.S. Coast Guard for release of ship that had been detained and was under investigation, because Coast Guard’s actions were committed to agency discretion by law. Angelex […]
Opinions – 8/15/13: 4th U.S. Circuit Court of Appeals
Administrative Law Jurisdiction BOTTOM LINE: District court lacked jurisdiction under Administrative Procedure Act to consider emergency petition to alter terms of bond fixed by U.S. Coast Guard for release of ship that had been detained and was under investigation, because Coast Guard’s actions were committed to agency discretion by law. CASE: Angelex Ltd. v. U.S., […]
Long-running Fallston Exxon case to stay in state court
About 750 Fallston residents have cleared a legal hurdle in their multibillion-dollar lawsuit against Exxon Mobil Corp., alleging they were exposed to groundwater contaminated by a former Exxon station nearly a decade ago.
4th Circuit revives, narrows race bias lawsuit
RICHMOND, Va. — A federal appeals court has revived but narrowed the scope of a lawsuit by a Salvadoran woman who was arrested in Maryland on an immigration warrant. Roxana Santos claimed her 2008 arrest violated the constitutional prohibition against unreasonable search and seizure. A judge disagreed and dismissed her complaint against the Frederick County […]
Law digest: 8/8/13
MARYLAND COURT OF APPEALS Evidence, Frye/Reed analysis: Where the testimony of plaintiffs’ expert did not involve a “novel scientific method,” a Frye/Reed analysis was not required, as a prerequisite to the application of Rule 5-702, in order to determine the admissibility of the expert’s testimony. Dixon v. Ford Motor Company, No. 82, Sept. Term, 2012. […]
Opinions – 8/8/13: 4th U.S. Circuit Court of Appeals
Constitutional Law Reporter’s testimony as to sources BOTTOM LINE: In the criminal trial of a former CIA agent for unauthorized disclosure of classified information to a newsman, intended for publication in a book written by the newsman, the newsman did not have a constitutionally based privilege to refuse to comply with a subpoena seeking his […]
