4th U.S. Circuit Court Of Appeals | Virginia Lawyers Weekly

Sign Ordinance is ‘Content Neutral’

By Deborah Elkins
Published: May 24, 2012
Tags: 4th U.S. Circuit Court of Appeals, Constitutional, Judge Albert Diaz

An Arlington County sign ordinance that required a doggy daycare business to remove a 960-square foot painting of cartoon dogs on the side of the daycare’s business passes constitutional muster as a content-neutral restriction on speech that survives intermediate scrutiny, the 4th Circuit says.
The county informed the daycare owner, Kim Houghton, that the painting violated [...]

‘Vulnerable Victim’ Enhancement Approved

By Deborah Elkins
Published: May 22, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge J. Harvie Wilkinson III

A defendant who, from a Florida jail, appropriated a social security number and identity belonging to a disabled woman in Florida, has her sentence for social security fraud and aggravated identity theft increased under the sentencing guidelines’ “vulnerable victim” enhancement, in this decision from the 4th Circuit.
In 1995, the Sentencing Commission adopted Amendment 521 rendering [...]

Prosecutor’s Comments Not Error

By Deborah Elkins
Published: May 22, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Henry F. Floyd

A prosecutor’s references to defendants as “liars” was not plain error, in light of precedent from other appellate courts, and the 4th Circuit affirms defendant’s conviction for making a false entry in a bankruptcy-related document.
Defendant was convicted of making, or aiding and abetting his codefendant in making, a false entry in a bankruptcy-related document, in [...]

‘Legal’ Black Lung Upheld for Miner

By Deborah Elkins
Published: May 22, 2012
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge Diana Gribbon Motz

An administrative law judge’s award of black lung benefits to a miner who worked in Virginia coal mines for nearly 17 years is supported by substantial evidence, and the 4th Circuit rejects appellant mining company’s contention that the ALJ’s reference to a preamble to 2000 revisions of DOL regulations violated the Administrative Procedure Act.
In her [...]

Comments to Social Worker Not ‘Testimonial’

By Deborah Elkins
Published: May 22, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Albert Diaz

Statements made by defendant’s eight-year-old stepson to a social worker about defendant’s abuse were nontestimonial and admission of the statements did not violate defendant’s Confrontation Clause rights under Crawford v. Washington; the 4th Circuit upholds defendant’s convictions of second-degree murder and assault in the death of his stepson.
We are satisfied – after reviewing the child’s [...]

Brokers Sued Over MLS Operation

By Deborah Elkins
Published: May 22, 2012
Tags: 4th U.S. Circuit Court of Appeals, Antitrust, Judge J. Harvie Wilkinson III

The 4th Circuit says plaintiff buyers of real estate brokerage services in South Carolina have stated an antitrust claim under the Sherman Act, 15 U.S.C. § 1, with allegations that defendant brokerages that serve as board members of the local multiple listing service conspired to unfairly restrain market competition.
The two putative class actions allege anticompetitive [...]

Cable Company Did Not Discriminate

By Deborah Elkins
Published: May 22, 2012
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge James A. Wynn Jr.

A regional sports network loses its challenge to an FCC order upholding a cable company’s decision on limited broadcast in North Carolina of Baltimore Orioles and Washington Nationals baseball games, for which there was limited demand; the 4th Circuit upholds the FCC finding that the cable company did not engage in unlawful discrimination under the [...]

Arbitration Question Certified to W.Va. Court

By Deborah Elkins
Published: May 16, 2012
Tags: 4th U.S. Circuit Court of Appeals, Contract, Judge Barbara Milano Keenan

In this contract dispute with a builder, a new-home buyer says the contract’s arbitration clause is not enforceable because it allows the builder to sue for certain kinds of disputes, but the buyer is forced to arbitrate all disputes; the 4th Circuit certifies to the West Virginia high court a question about the enforceability of [...]

Conspiracy From Informant’s Contacts

By Deborah Elkins
Published: May 16, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Paul V. Niemeyer

A defendant convicted of distribution of crack cocaine for sale of drugs to a confidential informant also can be convicted of conspiracy to traffic crack cocaine, based on his interactions with the confidential informant before he started working as a government agent after his arrest; the 4th Circuit affirms defendant’s convictions and his life sentence.
If [...]

Cookware Case Nets Treble Damages

By Deborah Elkins
Published: May 16, 2012
Tags: 4th U.S. Circuit Court of Appeals, Intellectual Property, Judge Andre M. Davis

Meyer, a manufacturer of “Anolon Advanced” cookware, wins its suit alleging trade dress infringement and violation of North Carolina unfair trade practices law against defendant Belk department store, which sold a private-label cookware that was “deceptively similar”; the 4th Circuit upholds a $1.26 million damage award for plaintiff.
Defendant Meyer supplies cookware marketed under the brand [...]

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