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Opinions – 4th U.S. Circuit Court of Appeals: 8/22/11
Criminal Procedure Sentencing BOTTOM LINE: Where defendant’s sentence of 210 months imprisonment for cocaine-related offenses was imposed pursuant to a plea agreement rather than based on a Sentencing Guidelines range, defendant was not eligible for reduction of sentence based on Guideline amendments, which retroactively reduced base offense levels applicable to cocaine offenses. CASE: United St[...]
Court: Job applicant cannot sue for retaliation
RICHMOND, Va. — A woman who alleges a job offer was withdrawn after a prospective employer learned she sued her last employer for overtime pay cannot sue the hiring company under the Fair Labor Standard Act’s anti-retaliation provision, says the 4th U.S. Circuit Court of Appeals. Natalie Dellinger thought she had a new job. She […]
4th Circuit affirms arbitration award in favor of church
A Prince George’s County church is entitled to more than $130,000 in damages from a Shenandoah Valley-based metalworking company, the 4th U.S. Circuit Court of Appeals has held. The decision affirmed an arbitrator’s award in favor of the First Baptist Church of Glenarden, which hired New Market MetalCraft Inc. in 2004 to build catwalks for […]
Time taken to render decisions shorter than in the past
Displeasure with dilatory decisions from the high court is neither of recent vintage nor confined to the bar and academia. Two years after stepping down from the bench in 1990, former Court of Appeals Judge William H. Adkins II criticized the court’s “unduly deliberate” pace of issuing opinions. Back in fiscal 1990, the high court […]
City worker’s harassment suit revived
A federal judge should not have dismissed a sexual harassment complaint against the city of Baltimore and the former head of the Baltimore Commission on Aging and Retirement Education, the 4th U.S. Circuit Court of Appeals held. The decision revives a lawsuit filed in 2006 by Katrina Okoli, who claimed she was forcibly kissed, fondled […]
North Carolina prayer case will be appealed to Supreme Court
WINSTON-SALEM, N.C. — The Forsyth County Board of Commissioners will appeal to the U.S. Supreme Court to overturn a ruling that barred it from open meetings with a prayer that singled out praise for a specific deity. The board voted 6-1 Monday night to continue its case to the nation’s high court if conservative foundations […]
Prosecution takes murder-for-hire case to 4th Circuit
RICHMOND — The Virginia Attorney General’s office plans to appeal after a judge threw out the conviction of a Virginia death row inmate and chastised the prosecution for using a witness who lied on the stand. The office filed notice Monday with the 4th Circuit U.S. Court of Appeals to challenge a federal judge’s ruling […]
Opinions – 8/8/11: 4th U.S. Circuit Court of Appeals
Constitutional Law Fourth Amendment BOTTOM LINE: In suspect’s lawsuit against law enforcement officer, because there existed material issues of fact as to whether the officer was grossly negligent in failing to make an effort to verify that he had drawn his Taser rather than his handgun, the officer was not entitled to summary judgment on […]
Malpractice insurer owes lawyer $1
A lawyer who erred in drafting a property settlement agreement was under no obligation to report it when he renewed his malpractice insurance, the 4th U.S. Circuit Court of Appeals has held. Thursday’s unpublished opinion affirms a nominal damage award of $1 to Terrence Raymond Batzli and his Richmond, Va.-area firm in a dispute with […]
Law digest: 8/8/11
COURT OF APPEALS Bankruptcy Law, Repossession: A creditor may repossess a car when a debtor has filed bankruptcy and failed to reaffirm the indebtedness if the creditor elected Credit Grantor Closed End Credit Provisions of the Commercial Law Article to govern the retail installment contract. Ford Motor Credit Company, LLC v. Roberson, Misc. No. 15, […]
The benefits of panel attorney work
Want to add a little zing to your practice? Then you should apply for one of the attorney panels at your local public defender’s office, the D.C. Superior Court or the 4th U.S. Circuit Court of Appeals. Under Maryland law and, for D.C. and the federal courts, the Criminal Justice Act, each jurisdiction is authorized […]
Opinions – 4th U.S. Circuit Court of Appeals: 8/1/11
Constitutional Law Qualified immunity BOTTOM LINE: Although it was clearly established that intrusive prison employee searches require reasonable suspicion, it was far from clear that the body-scanning devices at issue here could not meet that standard. CASE: Braun, et al., v. Maynard, et al., No. 10-1401 (decided July 21, 2011) (Judges WILKINSON, Shedd & Norton). […]
