Consent Involuntary When Exit Blocked

No Second Amendment Right for ‘Non-Violent’ Offender

By Deborah Elkins
Published: January 8, 2013
Tags: Criminal, Judge Diana Gribbon Motz, U.S. District Court - Eastern District

Defendant, formerly a licensed firearms dealer and collector of weapons and military memorabilia, can be convicted as a felon in possession of weapons and ammunition, despite his claim that his prior convictions were for non-violent offenses; the 4th Circuit joins its sister circuits to hold that application of the felon-in-possession prohibition to allegedly non-violent felons [...]

Duke Lacrosse Players’ Claims Partially Survive

By Deborah Elkins
Published: January 7, 2013
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Diana Gribbon Motz

Duke University lacrosse players who were wrongfully accused of rape of an exotic dancer hired for a team party may not pursue most of their claims under 42 U.S.C. § 1983 and state tort law against defendant police officers and city officials affirmed by the 4th Circuit; the appellate court reverses denial of 1) all [...]

Prior Conviction Not ‘Crime of Violence’

By Deborah Elkins
Published: December 18, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Diana Gribbon Motz

A defendant convicted of one count of illegal reentry by an aggravated felon cannot have his sentenced enhanced by 16 levels under federal sentencing guidelines; the 4th Circuit vacates defendant’s sentence because his prior conviction under a California statute that requires only that the offender threatens to commit a crime which will result in death [...]

No Marital Privilege in Workplace Emails

By Deborah Elkins
Published: December 18, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Diana Gribbon Motz

A former Virginia state legislator waived any marital communications privilege for emails he exchanged with his wife, from his workplace computer, discussing his financial needs and interest in obtaining a job from a local university in exchange for his successful efforts to obtain funding for a teacher education center, and the 4th Circuit affirms his [...]

Cursing Judge Gets Contempt Conviction

By Deborah Elkins
Published: November 5, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Diana Gribbon Motz

The 4th Circuit upholds a criminal contempt conviction for a plaintiff who lingered in the courtroom to curse and complain about the judge who had just dismissed his civil rights case for his repeated late appearances in court, but reverses his summary contempt conviction for showing up late for his contempt trial. Plaintiff did not [...]

Challenge to Firearms Reg Too Late

By Deborah Elkins
Published: October 24, 2012
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge Diana Gribbon Motz

Two federally licensed firearms dealers lose their challenge to Revenue Ruling 69-59, which restricts federal firearms licensees’ ability to sell firearms at out-of-state gun shows, because they did not file suit within six years of publication of the regulation, as required by 28 U.S.C. § 2401(a); the 4th Circuit affirms dismissal of the dealers’ suit. [...]

Broker Must Arbitrate Investors’ Claim

By Deborah Elkins
Published: July 3, 2012
Tags: 4th U.S. Circuit Court of Appeals, Contract, Judge Diana Gribbon Motz

Although a financial advisor who allegedly operated Ponzi schemes had changed brokers before plaintiff investors filed their FINRA arbitration claim, the current broker must arbitrate the claim because the advisor was an “associated person,” the 4th Circuit says. Appellant Waterford Investment Services, a Florida corporation, is a registered securities broker-dealer with the Securities and Exchange [...]

Court Cites Test for Student Loan Qui Tam Case

By Deborah Elkins
Published: June 19, 2012
Tags: 4th U.S. Circuit Court of Appeals, Contract, Judge Diana Gribbon Motz

A district court did not use the correct test when analyzing whether student loan corporations formed by four different states may be sued in a qui tam action alleging they defrauded the U.S. Department of Education; the 4th Circuit vacates a lower court’s dismissal of the suit on the ground that the corporations were “state [...]

‘Legal’ Black Lung Upheld for Miner

By Deborah Elkins
Published: May 22, 2012
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge Diana Gribbon Motz

An administrative law judge’s award of black lung benefits to a miner who worked in Virginia coal mines for nearly 17 years is supported by substantial evidence, and the 4th Circuit rejects appellant mining company’s contention that the ALJ’s reference to a preamble to 2000 revisions of DOL regulations violated the Administrative Procedure Act. In [...]