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Entries Tagged as '4th Circuit'

Patent examiner loses discrimination case

June 14th, 2012 · Comments Off · 4th Circuit, Discrimination

A former patent examiner has lost an appeal of his disability and race discrimination suit against the U.S. Patent and Trademark Office. Chuckwudi Perry, who is African-American, has no vision in his left eye and reduced vision in his right eye. Yet, he held a driver’s license and could read using magnifying glasses and straight-edge [...]

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Juror’s Wikipedia use means new trial

April 24th, 2012 · Comments Off · 4th Circuit, Jury, Social Media, Uncategorized

A juror’s use of Wikipedia to research an element of a criminal offense violated a defendant’s right to a fair trial on illegal “cockfighting” charges, and the defendant should be retried, the 4th U.S. Circuit Court of Appeals said on April 20. Defendant Scott Lawson and others were charged with violating a federal animal fighting [...]

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Senate confirms new judge for 4th Circuit

April 17th, 2012 · Comments Off · 4th Circuit, Judges

The U.S. Senate has consented to President Barack Obama’s appointment of Charleston, W.Va., attorney Stephanie Thacker for the 4th U.S. Circuit Court of Appeals. The president nominated Thacker this past September. Yesterday evening, the Senate voted 91-3 in her favor, according to The West Virginia Record. Thacker has been in private practice with a Charleston [...]

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Employment agreements ‘ambiguous’

March 25th, 2012 · Comments Off · 4th Circuit, Civil Cases, U.S. District Court

An employee contract clause calling for a $100,000 annual benefit for a surviving spouse is ambiguous, prompting the 4th Circuit to vacate judgment against the employee’s widow and send the case back for another look. When Hampton Roads music promoter David Williams went to work for Cellar Door Management, or CDP Inc., in 1994, he [...]

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Officials back defense in Va. capital case

March 16th, 2012 · 1 Comment · 4th Circuit, Criminal Cases

A group of 34 former judges, prosecutors and law enforcement officials is urging a federal appeals court to reject the state’s effort to reinstate the capital murder conviction of Justin Wolfe. Wolfe was convicted in Prince William County of hiring a man to kill a rival drug dealer in 2002. The evidence against him came [...]

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Former Chesterfield official wins appeal on discrimination claim

March 16th, 2012 · Comments Off · 4th Circuit, Discrimination

A Friday opinion from the 4th U.S. Circuit Court of Appeals revives the gender discrimination claim of a former Chesterfield County human resources director. Karla Gerner sued the county for $1.1 million contending her severance package was meager compared to “sweetheart deals” offered to similarly situated male counterparts. Richmond federal Judge Henry Hudson dismissed the [...]

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Job rewrite used to defend Title VII claim

March 2nd, 2012 · Comments Off · 4th Circuit, Discrimination, Employment Law, Uncategorized

Can a change-up on a job description help an employer prove a job was no longer open after it fired the person who had the job and she filed a Title VII case? A court may take on that question now that a public affairs officer at a federal agency gets a chance to try [...]

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Neo-Nazi loses twice at the 4th Circuit

March 1st, 2012 · Comments Off · 4th Circuit, First Amendment

Roanoke hatemonger William A. White struck out twice at the 4th U.S. Circuit Court of Appeals this week, with the court upholding both his criminal convictions for sending threatening messages and a half-million-dollar civil judgment in favor of his victims. White even faces the possibility of more prison time. The appeals court held the trial [...]

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Appeals court upholds punitives against landlord

February 29th, 2012 · Comments Off · 4th Circuit, Civil Cases

Yesterday a federal appeals court upheld a $100,000 punitive damage award for a tenant in an Arlington high-rise whose lease was not renewed because of her persistent complaints about her allergies to smoke, mold and paint fumes. Plaintiffs Linda and Domenic Matarese sued Smith Property Holdings, the owner of Archstone Pentagon City in Arlington, management [...]

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Perry gets quick boot at 4th Circuit

January 17th, 2012 · Comments Off · 4th Circuit, Elections

A three-judge panel of the 4th U.S. Circuit Court of Appeals wasted little time in rejecting a bid by Texas Gov. Rick Perry to get on the Virginia GOP primary ballot. Perry appealed Sunday from a district judge’s refusal to add his name to the ballot. The appeals court responded Tuesday with a 23-page order, [...]

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