No Sentence Reduction on Crack Plea Agreement

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. [...]

60 Months, Not Six, for Dogfighting

By Deborah Elkins
Published: December 18, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Dennis W. Shedd

A defendant touted as a “legend” in the dogfighting community cannot overturn his 60-month sentence for violating the Animal Welfare Act; the 4th Circuit says the district court’s assumed error in calculating the sentencing range was harmless, as the court considered the statutory factors and clearly thought defendant deserved 60 months, not six months, in [...]

No class claim against Equifax, appeals court says

By Deborah Elkins
Published: December 3, 2012
Tags: Consumer Protection, Federal Courts, Judge Dennis W. Shedd, Judge Robert E. Payne, Judge Roger L. Gregory, Virginia Trial Lawyers Association

A major credit reporting agency will not face a class action suit by Virginia residents with potentially inaccurate Virginia court judgments on their credit reports. The 4th U.S. Circuit Court of Appeals reversed an order certifying a class in a suit that had the U.S. Chamber of Commerce squaring off against the Virginia Trial Lawyers [...]

Judge orders a 20-year ban in trade secrets case

By Peter Vieth
Published: September 17, 2012
Tags: Federal Courts, Intellectual Property, Judge Albert Diaz, Judge Andre M. Davis, Judge Dennis W. Shedd, Judge Robert E. Payne

In a rapid volley of court actions, a Korean company fighting a $920 million judgment for theft of trade secrets was hit with a “devastating” 20-year ban on sales of its body armor product, and then promptly won a stay of that injunction from a federal appeals court. Senior U.S. District Judge Robert E. Payne, [...]

‘Protective Sweep’ Gun is Admissible

By Deborah Elkins
Published: May 15, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge Dennis W. Shedd, Search & Seizure

Police responding to four quick 911 “domestic” calls relating to a couple they knew did not exceed defendant’s Fourth Amendment rights when, after arresting defendant and making a protective sweep to locate defendant’s 14-year-old autistic brother, they asked the brother where the reported gun was and he pointed to a rifle in a gun rack; [...]

Venue Upheld in Child Sex Case

By Deborah Elkins
Published: March 7, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Dennis W. Shedd

A defendant who separately met 13- and 17-year-old girls on the Internet and traveled to meet them and have sexual relations with them, including making a video of his sexual encounter with the 17-year-old, properly was prosecuted in Virginia for sexual exploitation of a minor, and the 4th Circuit affirms that conviction and his convictions [...]

Restrictive covenant different from noncompete, court says

By Deborah Elkins
Published: February 17, 2012
Tags: Contract, Federal Courts, Judge Dennis W. Shedd, Judge Leonie Brinkema, Judge William B. Traxler Jr.

An Alexandria federal judge was too quick to pull the trigger on a petroleum distributor’s suit to enforce a restrictive covenant meant to keep a service-station operator from selling a different brand of gasoline. The trial judge awarded summary judgment to the service-station operator, including fees and costs, when BP Products North America Inc. tried [...]

Court Stresses Standard for Passenger Search

By Deborah Elkins
Published: November 21, 2011
Tags: 4th U.S. Circuit Court of Appeals, Judge Dennis W. Shedd, Search & Seizure

Saying it has made the same point in three recent cases, the 4th Circuit reiterates that an officer needs reasonable suspicion that a passenger is armed and dangerous for an officer-safety pat down; a panel majority says defendant’s misrepresentation about his driver’s license and his “priors” for armed robbery did not provide the necessary reasonable [...]

Employer Has Title VII Religious Exemption

By Deborah Elkins
Published: September 20, 2011
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge Dennis W. Shedd

The 4th Circuit says a Catholic nursing-care facility is an exempt religious organization under Title VII that cannot be sued by a geriatric nursing assistant who alleged religious harassment after she refused to abandon her Church of the Brethren dress code that called for long skirts and hair covering. “Employment,” as used throughout Title VII, [...]