Factory Worker Can Pursue Harassment Claim

No Standing to Challenge Firearm Sales Limits

By Deborah Elkins
Published: January 8, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Allyson K. Duncan

Appellants, including the Second Amendment Foundation, lose their pre-enforcement challenge to the constitutionality of a federal statute restricting interstate transfers of handguns (18 U.S.C. § 922(b)(3)); a federal regulation implementing that statute (27 C.F.R. § 478.99); and a Virginia law prohibiting Virginia firearms dealers from selling handguns to non-residents of Virginia; the 4th Circuit says [...]

No ‘Impossibility’ Defense for ‘Stash House Sting’

By Deborah Elkins
Published: January 8, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Allyson K. Duncan

Although police fabricated the existence of a drug cartel’s stash house containing cocaine, which defendant coconspirators planned to rob, defendant cannot use an “impossibility” defense against a conspiracy charge, and the 4th Circuit affirms defendants’ convictions on conspiracy and firearms charges. The Supreme Court has yet to face a situation in which a confession’s reference [...]

Proffer Agreement Is Binding Post-Indictment

By Deborah Elkins
Published: January 7, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Allyson K. Duncan

A trial court did not err in admitting statements made by defendant pursuant to his pre-indictment proffer agreement and holding that defendant was bound by the agreement after his indictment; the 4th Circuit upholds defendant’s convictions of mail fraud and conspiracy in a scheme he executed as regional manager of a company that worked with [...]

No Arbitration Waiver from Litigation Activity

By Deborah Elkins
Published: December 4, 2012
Tags: 4th U.S. Circuit Court of Appeals, Consumer Protection, Judge Allyson K. Duncan

A district court erred in applying Maryland law, instead of the Federal Arbitration Act, to deny a financing company’s motion to compel arbitration of a car buyer’s lawsuit; the 4th Circuit says the financing company did not waive arbitration by delaying about six months before filing its motion to compel and using “litigation machinery” to [...]

Adverse Credibility Under REAL ID Act Upheld

By Deborah Elkins
Published: November 7, 2012
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Allyson K. Duncan

Applying the provisions of the REAL ID Act to credibility findings by an immigration judge, the 4th Circuit upholds adverse credibility findings against a Sikh who claims he will be persecuted or tortured if returned to his native India, and denies a petition for review seeking withholding of removal. Singh presses three arguments on appeal. [...]

No Arbitration ‘Default’ from Motions

By Deborah Elkins
Published: July 3, 2012
Tags: 4th U.S. Circuit Court of Appeals, Civil Procedure, Judge Allyson K. Duncan

In this dispute between two hospitals and a health system plan over payments under employee benefit plans, the district court erred in saying the Health Plan’s litigation activity meant it “defaulted” on its right to arbitrate the dispute; the 4th Circuit says there’s no per se prejudice from a dispositive motion and the hospital plaintiffs [...]

Gang Expert Testimony OK’d

By Deborah Elkins
Published: May 2, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Allyson K. Duncan

A defendant who served as “first word” for a local “clique” of the transnational gang La Mara Salvatrucha cannot overturn his murder and racketeering-related convictions for the murder of a woman who had contacts with rival gang members; the 4th Circuit approves the use of testimony from a police expert on gangs as an element [...]

Losing Benefits No Basis for Plea Withdrawal

By Deborah Elkins
Published: April 27, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Allyson K. Duncan

A former mail carrier cannot withdraw his guilty plea to a charge of fraudulently obtaining workers’ comp benefits under the Federal Employment Compensation Act after he learned the plea would cause a loss of government benefits; the 4th Circuit says the trial court did not violate Fed. R. Crim. P. 11 by not advising defendant [...]

Hospital Gets Jury in Stark Law, FCA Case

By Deborah Elkins
Published: April 4, 2012
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge Allyson K. Duncan

A federal appeals court vacates a $45 million judgment against a Sumter, S.C., health care system for Stark Law violations and sends the case back, saying the district court’s handling of the case violated the defendant’s Seventh Amendment right to a jury. In early 2003, the members of Sumter County’s gastroenterology specialty group informed defendant [...]