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Tag Archives: Judge J. Harvie Wilkinson III

Federal appeals court resurrects class action against Family Dollar (access required)

FamilyDollar

A divided 4th U.S. Circuit Court of Appeals has given new life to a once-floundering class action lawsuit alleging gender discrimination by the Family Dollar discount chain. The ruling allows the plaintiffs in Scott v. Family Dollar Stores (VLW 013-2-185) to ...

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Resisting Arrest is Sentencing ‘Crime of Violence’ (access required)

In sentencing defendant on a conviction for illegal reentry into the U.S., a district court did not err in treating a prior conviction for resisting arrest as a “crime of violence” under federal sentencing guidelines; adopting the categorical approach to ...

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‘Automobile’ Exception, Not Gant, Covers Search (access required)

A defendant convicted of drug and firearms offenses based on evidence discovered during a traffic stop is not entitled to post-conviction relief on his claim that his lawyer was constitutionally ineffective in failing to challenge the constitutionality of the search ...

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‘Exhausted’ Litigant Exhausted His FOIA Remedy (access required)

Despite a statutory mandate requiring federal agencies to respond to FOIA requests and appeals within 20 working days, defendant Drug Enforcement Administration ultimately took two and one-half years to respond to plaintiff’s request for documents concerning the federal government’s regulation ...

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HOA Wins Challenge to Exclusive Cable Contract (access required)

A cable provider’s exclusive contract to provide cable services to a real estate development violated an FCC order that prohibited such exclusivity arrangements, and the 4th Circuit affirms judgment for the homeowners’ association that successfully challenged the contract. Codified at ...

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