Court Sees Expanded ERISA Remedy

No Civil Commitment for Sex Offender

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge James A. Wynn Jr.

The 4th Circuit says a district court did not clearly err in finding a serial sexual abuser of minors was ineligible for civil commitment because the government did not prove he suffered from a serious mental illness; the appellate panel does not reach the question of whether the re-incarcerated offender could control his dangerous impulses. [...]

Forfeiture Upheld for Healthcare Fraud

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge James A. Wynn Jr.

Claimants, whose doctor son fled to Turkey after indictment for healthcare fraud, cannot overturn civil forfeiture of their property seized as proceeds of fraud and money laundering; the 4th Circuit rejects the parents’ claims that the district court erred by permitting remote testimony, mistakenly prohibited admission of certain documents and refused to give their proposed [...]

Guilty Plea Vacated for Officer’s Lies

By Deborah Elkins
Published: April 2, 2013
Tags: Criminal, Judge James A. Wynn Jr., U.S. District Court - Eastern District

A defendant’s guilty plea to drug charges was not voluntary when it was based on a police officer’s lies in an affidavit for a warrant to search defendant’s home and vehicle; the 4th Circuit says defendant’s due process rights were violated and reverses the district court. The officer responsible for the investigation that led to [...]

Retiree Wins ‘Retroactive’ Pension Benefits

By Deborah Elkins
Published: March 14, 2013
Tags: 4th U.S. Circuit Court of Appeals, Employment, Judge James A. Wynn Jr.

A retired AT&T employee wins her ERISA suit for recoupment of $121,563.90 in pension benefits due to an eight-year delay in receipt of her full pension benefits; the 4th Circuit says the district court properly considered limited evidence outside the administrative record but known to AT&T when it determined the employee’s eligibility for benefits, and [...]

No ‘Contribution’ Without Debtor’s ILSA Payment

By Deborah Elkins
Published: January 17, 2013
Tags: 4th U.S. Circuit Court of Appeals, Bankruptcy, Judge James A. Wynn Jr.

A district court did not err in dismissing a bankruptcy trustee’s adversary action against two real estate development companies and several of their sales and marketing affiliates on a claim that they jointly engaged in a scheme to sell properties at inflated prices in subdivisions in North and South Carolina and are liable for contribution [...]

Summary Judgment Dismissal Counts for ‘Three Strikes’ Rule

By Deborah Elkins
Published: January 7, 2013
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge James A. Wynn Jr.

A South Carolina inmate cannot challenge a bar to his frivolous claim under the “three strikes” rule to curb frivolous lawsuits on the ground that the rule does not apply when his previous suits were dismissed on summary judgment; the 4th Circuit denies reconsideration of permission to allow the inmate to proceed in forma pauperis. [...]

Union OK’d Despite ‘Inflammatory’ Racial Comments

By Deborah Elkins
Published: January 7, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge James A. Wynn Jr., Labor

A nursing home cannot overturn a vote by its certified nursing assistants (CNAs) and other employees for union representation by arguing that the election was improperly influenced by racially inflammatory comments by a local NAACP official, and the 4th Circuit affirms an order to bargain issued by the National Labor Relations Board. The NAACP official [...]

Removal Allowed for Card-Carrying ‘Terrorist’

By Deborah Elkins
Published: November 27, 2012
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge James A. Wynn Jr.

An Angolan citizen cannot overturn the Board of Immigration Appeals’ denial of relief from removal, as his activities of paying monthly dues to and hanging posters for a terrorist organization disqualify him under the “Material Support Bar,” the 4th Circuit says. Although petitioner says he is against violence and did not participate in activities by [...]

‘Actual Innocence’ Claim Remanded

By Deborah Elkins
Published: August 8, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge James A. Wynn Jr.

A defendant convicted of murder-for-hire is entitled to another chance to show his “actual innocence,” as the 4th Circuit says a trial court erred in its application of the “gateway innocence” test for evaluating defendant’s habeas claims. The “gateway innocence” test under Schlup v. Delo, 513 U.S. 298 (1995), allows a post-conviction court to consider [...]