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Entries Tagged as '4th Circuit'

Fractured 4th Circuit vacates enhanced sentence

October 11th, 2011 · Comments Off · 4th Circuit, Criminal Law, Sentencing

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 [...]

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Conviction reversed for lawyer who lied on pro hac application

September 22nd, 2011 · Comments Off · 4th Circuit, Criminal Law, Discipline

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 [...]

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No Title VII claim for modest clothing

September 20th, 2011 · Comments Off · 4th Circuit, Employment Law

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 [...]

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4th Circuit backs Obama on healthcare

September 8th, 2011 · Comments Off · 4th Circuit, Healthcare

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. [...]

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Lawyer’s late call to carrier was ‘reasonable’

August 4th, 2011 · Comments Off · 4th Circuit, Insurance

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 [...]

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Federal court certifies CRESPA case

August 2nd, 2011 · Comments Off · 4th Circuit, CRESPA, Real estate

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 [...]

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Charleston lawyer said to be choice for 4th Circuit

July 28th, 2011 · Comments Off · 4th Circuit, Judges

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 [...]

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Taser mixup victim gets trial

July 15th, 2011 · Comments Off · 4th Circuit, excessive force

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 [...]

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Calendar glitch or calendar goof?

May 24th, 2011 · Comments Off · 4th Circuit, APPEALS, Civil procedure

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 [...]

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4th Circuit orders more briefs in healthcare cases

May 23rd, 2011 · 1 Comment · 4th Circuit

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 [...]

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