4th U.S. Circuit Court of Appeals « Virginia Lawyers Weekly

Carrier Covers Part of Lead-Paint Judgment

By Deborah Elkins
Published: February 8, 2012
Tags: 4th U.S. Circuit Court of Appeals, Insurance, Judge J. Harvie Wilkinson III

In determining insurance coverage for a Baltimore child who won a $850,000 judgment for lead paint injuries against two defendants – a realty company and the property owner that bought the house in which the child lived – the 4th Circuit says the realty company’s insurance contract requires the carrier to pay 40 percent of [...]

No Privacy Violation in Camera Seizure

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge William B. Traxler Jr.

The 4th Circuit upholds summary judgment for the government in a photojournalist’s suit alleging the government’s seizure of her camera and photographs violated her rights under the Privacy Protection Act; the government established probable cause under the “suspect exception” to base its search warrant on information that plaintiff might have participated in vandalism of the [...]

‘Moral Turpitude’ Removal Order Vacated

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Barbara Milano Keenan

The 4th Circuit vacates a Board of Immigration Appeals’ order of removal for an El Salvadorian native and lawful permanent resident whose removal was ordered after he was charged with a sexual offense against a minor and pleaded guilty to contributing to the delinquency of a minor; the BIA used the wrong method to evaluate [...]

No Reversal for Indictment Errors

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Diana Gribbon Motz

The 4th Circuit affirms a defendant’s conviction and sentence on two counts of assaulting a correctional officer, despite errors in the indictment charging him with the offenses.
Defendant contends we should recognize as plain error the failure of count I to allege an intent to commit another felony as required by 18 U.S.C. § 111(a) and [...]

No Fees for Felon on Firearms Charge

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

A felon convicted for possession of a firearm in violation of 18 U.S.C. § 922(g)(1) cannot be ordered to repay the costs for his court-appointed attorney pursuant to 18 U.S.C. § 3006A(f), and the 4th Circuit vacates the district court order to pay attorney’s fees.
Defendant challenges the constitutionality of § 922(g)(1). We note the unanimous [...]

School CEO’s Fraud Conviction Reversed

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Roger L. Gregory

The 4th Circuit reverses a Maryland school system’s chief executive officer’s convictions for honest-services fraud in connection with his involvement in securing two public contracts for school products and services, but affirms the CEO’s convictions for evidence-tampering and obstruction of justice and orders resentencing.
The government concedes the district court erred when it instructed the jury [...]

BIA Used Wrong Standard on Removal

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge John A. Gibney Jr.

In deciding this petition for deferral of removal based on petitioner’s fear of torture if he is returned to his native Ghana, the 4th Circuit says the Board of Immigration should have applied the “clearly erroneous” standard instead of the de novo review standard, and it grants the petition, vacates the BIA’s decision in favor [...]

Tort Claim for Medication Pump Preempted

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge Allyson K. Duncan, Products Liability

The 4th Circuit upholds the district court decision that plaintiff has no common law tort claim against defendant Medtronic, maker of the allegedly defective SynchroMed pump for delivery of medication through a catheter, as her claim is preempted by the Medical Device Amendments of 1976 and regulations which provided for premarket approval by the federal [...]

No Fee Award for Winning Employer

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge Henry F. Floyd

Although an employer won a judgment on a jury verdict in this Title VII sexual harassment suit alleging complaints by a waitress, the district court did not err in denying the employer’s motion for attorney’s fees; the EEOC’s case survived dispositive motions, and the 4th Circuit upholds the district court finding that the EEOC’s position [...]

Illegal Stop Not Purged by Assault

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge G. Steven Agee, Search & Seizure

The 4th Circuit upholds suppression of a gun seized from a vehicle passenger during an illegal stop, and rejects the government’s argument that the illegality of the stop was purged when defendant resisted arrest and assaulted an officer.
The district court found as a factual matter that an officer could not see the slight crack in [...]

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