Swearing-in held for new 4th Circuit judge

No ADA Claim from Leave Denial

By Deborah Elkins
Published: May 21, 2013
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge Stephanie Dawn Thacker

An employee of a chain-store distribution center who filed his disability discrimination claim with the EEOC before he filed his Chapter 13 bankruptcy petition has standing to pursue his discrimination claim, the 4th Circuit says, but the claim has no merit as the employee did not show he could perform the essential functions of his [...]

City Worker’s USERRA Claim Too Late

By Deborah Elkins
Published: May 7, 2013
Tags: 4th U.S. Circuit Court of Appeals, Employment, Judge Stephanie Dawn Thacker

A chief warrant officer in the U.S. Coast Guard Reserves, who left his job as a municipal waste manager for periods of active service with the Coast Guard, waited too long to file his suit under the Uniform Services Employment and Reemployment Rights Act of 1994, and the 4th Circuit affirms the district court decision [...]

Court Upholds Denial of Substation Expansion

By Deborah Elkins
Published: March 29, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge Stephanie Dawn Thacker, Zoning

A gas company seeking to expand its natural gas substation in Prince George’s County, Md., cannot challenge the county’s denial of their request in this federal lawsuit; the 4th Circuit affirms the district court decision dismissing the company’s claim under the state’s “mandatory referral statute” and granting summary judgment to the county on state and [...]

Competency Standard for Pro Se Defendant

By Deborah Elkins
Published: March 14, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Stephanie Dawn Thacker

Although defendant had a long history of mental illness and questionable capacity to represent himself at his trial on drug and firearm charges, the district court applied the correct standard and its decision to allow the pro se representation and defendant’s conviction are affirmed by the 4th Circuit. Defendant raises two principal issues on appeal. [...]

Grenade in Closet Not ‘Exigent Circumstances’

By Deborah Elkins
Published: February 25, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge Stephanie Dawn Thacker, Search & Seizure

Exigent circumstances did not justify an officer’s warrantless entry into a locked closet in the home of a man who had been removed from the home in response to a domestic violence call; the 4th Circuit said a report by the man’s wife that he kept a grenade in the closet was not enough to [...]

No ADA Claim from Back Pain, Lifting Limits

By Deborah Elkins
Published: December 11, 2012
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge Stephanie Dawn Thacker

A former employee of an American Red Cross Chapter has no grounds for his suit alleging disability discrimination based on his allegations that he was expected to exceed a 15-pound limit on lifting due to his back pain and was fired after he complained about his pain and inquired about filing for workers’ compensation; the [...]

Economic Loss Rule Bars ‘Trimboard’ Suit

By Deborah Elkins
Published: November 7, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge Stephanie Dawn Thacker, Products Liability

The 4th Circuit upholds dismissal of a putative class action complaint filed by plaintiff homeowners alleging defendant Louisiana-Pacific Corporation negligently designed and manufactured Trimboard, a composite building product used for exterior trim in homes plaintiffs purchased. The district court dismissed claims for negligence and violation of the North Carolina Unfair and Deceptive Trade Practices Act [...]