Va. Burglary Conviction Supports Enhanced Sentence 
By Deborah Elkins
Published: May 3, 2011
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Andre M. Davis
A defendant’s 1976 burglary conviction under Virginia law qualifies as a predicate offense under the Armed Career Criminal Act, and the 4th Circuit upholds his mandatory minimum sentence of 180 months on a conviction of possession of a firearm as a convicted felon. An offense will constitute burglary if the jury was required to find [...]
Baby-Formula Advertising Injunction Upheld
By Deborah Elkins
Published: April 27, 2011
Tags: 4th U.S. Circuit Court of Appeals, Intellectual Property, Judge Andre M. Davis
In this Lanham Act suit in which baby-formula manufacturer PBM Products LLC won $13.5 million from Mead Johnson for its false advertising about PBM’s formula, the 4th Circuit upholds a district court injunction that applied to all advertising or promotional material or statements, going forward, and says the district court did not abuse its discretion [...]
For love or for money?
By Peter Vieth
Published: April 11, 2011
Tags: Employment, Federal Courts, Judge Andre M. Davis, Judge Liam O'Grady
James Purdham is a safety and security officer at Hayfield Secondary School in Fairfax County. For 15 years, he also has served as the golf coach at the school. He handles daily practices; he transports players to and from the golf course, and sometimes, back home if a parent is running late. His squad has [...]
Hostile Environment Claim Goes Back for Trial
By Deborah Elkins
Published: April 4, 2011
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge Andre M. Davis
A district court erred in granting summary judgment to defendant Freightliner in this Title VII hostile environment suit filed by a female tractor-trailer truck assembler who complained to management about incidents such as: a tampon tied to a truck key ring, numerous calendars and toolbox picture of scantily clad women, a nude female screensaver popping [...]
School Golf Coach ‘Volunteer’ Under FLSA
By Deborah Elkins
Published: March 30, 2011
Tags: 4th U.S. Circuit Court of Appeals, Judge Andre M. Davis, Labor
A safety specialist for the Fairfax County school system, who also served as a high-school varsity golf coach, was properly deemed a “volunteer” under the Fair Labor Standards Act, and the 4th Circuit upholds dismissal of the coach’s suit for overtime pay. The FLSA does not itself define “volunteer,” but pursuant to a DOL regulation [...]
JMU’s Title IX Team Cuts Upheld
By Deborah Elkins
Published: March 16, 2011
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Andre M. Davis
The 4th Circuit affirms dismissal of a challenge by Equity in Athletics Inc., to James Madison University’s 2006 decision to rebalance its varsity athletics program to reflect its 61-percent female enrollment, by eliminating seven varsity men’s teams and three varsity women’s teams; the district court’s dismissal of EIA’s constitutional, statutory and procedural claims against the [...]
Real Estate Investor’s Tax Fraud Conviction Upheld
By Deborah Elkins
Published: January 26, 2011
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Andre M. Davis
A real estate investor who secretly negotiated with the sellers of several properties to increase the purchase price over what the investors’ doctor-partners thought they were paying, and who diverted the excess and failed to report the income, has his convictions for tax evasion and filing false returns affirmed by the 4th Circuit. Henry Cole, [...]
Search & Seizure – Traffic Stop – Passenger’s Gun – Pants Pocket
By Deborah Elkins
Published: December 28, 2010
Tags: 4th U.S. Circuit Court of Appeals, Judge Andre M. Davis, Search & Seizure
A passenger who was ordered out of a car after a valid traffic stop could not suppress the revolver seized from his pants pocket after he assaulted a deputy, and the 4th Circuit upholds the passenger’s conviction for possession of a firearm and ammunition, as well as the sentencing enhancements applied by the district court. [...]
Civil Procedure – Forum Selection Clause – Sovereignty v. Geography
By Deborah Elkins
Published: December 2, 2010
Tags: 4th U.S. Circuit Court of Appeals, Civil Procedure, Judge Andre M. Davis
A forum selection clause choosing “the courts of the State of Virginia” means Virginia state courts, not federal courts in Virginia, and the 4th Circuit follows its sister circuits and upholds remand of this contract dispute to a Virginia state trial court. Plaintiff FindWhere sells global positioning systems and provides follow-up tracking services. FindWhere and [...]
Search & Seizure – Terry Stop – Gun In Purse – School Zone
By Deborah Elkins
Published: December 2, 2010
Tags: 4th U.S. Circuit Court of Appeals, Judge Andre M. Davis, Search & Seizure
A police officer who was part of a gang unit who staked out a high school the day after a nearby gang-related stabbing had a reasonable, articulable suspicion to pat down a woman suspected of having a weapon, including her purse, and the 4th Circuit upholds the frisk and her firearm conviction. The parties agree [...]
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