Defendant Missed Three Chances to Amend

Record Adequate Without Wiretap Recordings

By Deborah Elkins
Published: April 2, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Andre M. Davis

Although none of the recordings of wiretapped conversations played during trial to bolster witnesses’ trial testimony about the charged drug conspiracy had been recorded or transcribed by the court reporter during their presentation to the jury, defendant may not overturn his conviction; the 4th Circuit says the appellate record fully and accurately reflects the pretrial [...]

Confederate Flag Shirt Ban Upheld

By Deborah Elkins
Published: March 29, 2013
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Dennis W. Shedd

The 4th Circuit upholds a decision by South Carolina public school officials to prohibit a student from wearing Confederate flag shirts to school, as defendant school officials complied with U.S. Supreme Court requirements for regulating student speech. We conclude the school officials complied with the requirements for regulating student speech as established in Tinker v. [...]

Court Upholds Denial of Substation Expansion

By Deborah Elkins
Published: March 29, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge Stephanie Dawn Thacker, Zoning

A gas company seeking to expand its natural gas substation in Prince George’s County, Md., cannot challenge the county’s denial of their request in this federal lawsuit; the 4th Circuit affirms the district court decision dismissing the company’s claim under the state’s “mandatory referral statute” and granting summary judgment to the county on state and [...]

Union Member’s Complaint Not ‘Free Speech’

By Deborah Elkins
Published: March 29, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge J. Harvie Wilkinson III, Labor

A union member who alleged she was fired in retaliation for reporting to the regional union that she had seen the union local’s president and vice president viewing pornography on a union computer does not have a claim for violation of her free-speech rights under the Labor-Management Reporting and Disclosure Act; the 4th Circuit says [...]

No FCA Claim for Quality Control Complaint

By Deborah Elkins
Published: March 29, 2013
Tags: 4th U.S. Circuit Court of Appeals, Contract, Judge Roger L. Gregory

An engineer for a government contractor that produces explosive devices does not qualify for protection under the False Claims Act’s anti-retaliation provision for his termination after he reported alleged fraudulent conduct to the government, as his allegations about quality control did not affect the government customer’s acceptance of the product; the 4th Circuit upholds summary [...]

‘Substantial Reason’ for Gun Public Carry Upheld

By Deborah Elkins
Published: March 29, 2013
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Robert B. King

The 4th Circuit reverses a Maryland federal court’s injunction against enforcement of a state statute that conditions the right to carry a handgun in public on having a “good and substantial reason” to do so; because we disagree with the court’s conclusion that the good-and-substantial-reason requirement cannot pass constitutional muster, we reverse the judgment without [...]

Fraud Claim Not Preempted by HOLA

By Deborah Elkins
Published: March 27, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge Allyson K. Duncan, Real Estate

A plaintiff who defaulted on her home loan and complained about an inflated appraisal, unfair loan terms and a rushed loan closing may sue the lender for fraud under state law, as that claim is not preempted by the federal Home Owners’ Loan Act, but her unconscionability claim is preempted under 12 C.F.R. § 560.2 [...]

Fired for False Records, Retaliation Claim Fails

By Deborah Elkins
Published: March 20, 2013
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge Allyson K. Duncan

A woman terminated for falsifying time records cannot win her Title VII case alleging she was fired in retaliation for complaining about not being allowed to wear ripped jeans, although men could wear ripped jeans; the 4th Circuit also says her supervisor’s thank-you hug for Christmas cookies she gave him was not assault and battery. [...]

No Amendment of Dismissed Complaint

By Deborah Elkins
Published: March 20, 2013
Tags: 4th U.S. Circuit Court of Appeals, Civil Procedure, Judge Paul V. Niemeyer

A church that filed a lawsuit challenging a city’s denial of a special use permit to allow it to expand its child-care program could not amend its complaint because the complaint already had been dismissed by the district court; the 4th Circuit says there simply was no complaint pending to amend. The church wanted to [...]