Tag Archives: Judge Barbara Milano Keenan

Recordings Showed Analogue Substance ‘Knowledge’ (access required)

On remand from the U.S. Supreme Court, which said the jury instructions at defendant’s trial for distribution of controlled substance analogues improperly omitted state-of-mind elements, the 4th Circuit says omission of the jury instruction was harmless error for six counts ...

Read More »

‘Supervisors’ Could Vote in Union Election (access required)

Four “putative” supervisors at a South Carolina polyester fiber plant were not supervisors disqualified from voting in a union election, and substantial evidence supports the National Labor Relations’ Board’s findings as to the putative supervisors’ limited authority to assign work, ...

Read More »

Faulty Prison Weapons Check States Inmate Claim (access required)

In this Federal Tort Claims Act suit filed by an inmate who was beaten and repeatedly stabbed by other inmates in a prison recreation area, the FTCA’s discretionary function exception applies to defendant prison officials’ decision not to separate plaintiff ...

Read More »

$2.6M in Fees Enough for CROA Claim (access required)

In this class action alleging defendants violated the Credit Repair Organizations Act, the 4th Circuit upholds a district court’s refusal to set aside an arbitrator’s decision awarding plaintiffs only punitive damages on the violations and finding plaintiffs’ attorney’s fees and ...

Read More »