The VLW Blog

The case of North Carolina defendant Torrell Vann has spawned a weighty decision by a fractured 4th U.S. Circuit Court of Appeals, released yesterday.
After a January 2008 “domestic altercation,” Vann was arrested and charged with handgun possession in violation of 18 U.S.C. §§ 922(g)(1) and 924. The indictment also charged three prior convictions that allegedly [...]

[Read more →]

A federal appeals court finds it a “close question” whether a lawyer can be convicted of obstruction of justice for conveniently omitting his prior disciplinary record in seeking pro hac vice status in a Virginia case.
A three-judge panel of the 4th U.S. Circuit Court of Appeals decided the omission alone was not sufficient to prove [...]

[Read more →]

A nursing assistant banned from wearing the modest garb prescribed by her Church of the Brethren faith cannot sue the Catholic nursing care facility that fired her for Title VII religious discrimination, the 4th U.S. Circuit Court of Appeals has ruled.
Villa St. Catherine Inc., in Emmitsburg, Md., asked geriatric nursing assistant Lori Kennedy to modify [...]

[Read more →]

Just in time for President Obama’s visit to Richmond Friday, the 4th U.S Circuit of Appeals has delivered two opinions upholding the president’s healthcare plan against challenges from both the state and from Liberty University.
The three-judge panel that heard the cases determined Virginia had no standing to speak for citizens subject to a healthcare mandate. [...]

[Read more →]

When to call the carrier is a question that always crosses the mind of a lawyer who realizes he has made a mistake.
Many malpractice policies say a lawyer has a duty to notify the carrier if he did something he knew, or reasonably should have known, would support a demand for damages. Failure to [...]

[Read more →]

Whether a private plaintiff may sue a surety under Virginia’s CRESPA statute is a question that was certified today to the Supreme Court of Virginia by the 4th U.S. Circuit Court of Appeals.
Several Virginia state and federal courts that have considered the question have found no private right of action under Virginia’s Consumer Real Estate [...]

[Read more →]

Charleston, W.Va., attorney Stephanie Thacker is expected to be President Obama’s pick for an open seat on the 4th U.S. Circuit Court of Appeals.
While no official announcement has been made, several sources have confirmed the impending nomination, the West Virginia Record reports. Thacker would replace M. Blane Michael, who died earlier this year.
Thacker is an [...]

[Read more →]

A Maryland deputy who mistook his pistol for a Taser can be sued for shooting an unarmed, fleeing suspect, a federal appeals court held on Thursday.
The full 4th U.S. Circuit Court of Appeals said a jury could find that Deputy Sheriff Robert Purnell’s mistake was “objectively unreasonable” because he should have [...]

[Read more →]

Lurking among Monday’s unpublished opinions of the 4th U.S. Circuit Court of Appeals is a cautionary tale for appellate lawyers who like to play it close to the deadline with their court filings.
A lawyer tried to explain his one-day-overdue notice of appeal by reference to an alleged computer glitch.
In his account, the attorney was counting [...]

[Read more →]

The 4th U.S. Circuit Court of Appeals has ordered supplemental briefing in the two pending cases that challenge the Patient Protection and Affordable Care Act. The appellate court has asked parties in both cases to address questions about a “tax” under the Anti-Injunction Act.
On May 10, the 4th Circuit became the first federal appellate court [...]

[Read more →]