An employer who miscalculated an executive’s FMLA leave time wound up owing nearly $750,000 in damages to the executive, who was summarily fired when she did not return on the expected date. And more than a third of that award ...
Read More »No More Pretrial Seizure of ‘Innocent’ Assets
The en banc 4th Circuit overrules its prior precedent permitting pretrial restraint of a defendant’s innocent property under the federal criminal forfeiture statute, and joins other federal courts of appeal in holding that 21 U.S.C. § 853 does not authorize ...
Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge James A. Wynn Jr.
Read More »Grand Jury Queries Defense Team on Phony Document
A grand jury investigating defendant’s provision of a fraudulent document may not ask a criminal defense team “what did the witness tell you,” as the government did not show that the crime-fraud exception allowed it to obtain this protected attorney ...
Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion
Read More »No Resentencing Based on USSG Residual Clause
A drug defendant sentenced as a career offender under the federal sentencing guidelines cannot show his motion for resentencing under Johnson v. U.S. is timely, as the Supreme Court has not recognized that Johnson and its progeny can be applied ...
Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allyson K. Duncan
Read More »Sub Wins $6M in Army Shelter Contract Dispute
In this government procurement case arising out of a subcontract for defendant to provide materials for onsite assembly of “Kuwait Energy Efficient Project” shelters under plaintiff’s prime contract with the U.S. Army, the Alexandria U.S. District Court says plaintiff contractor ...
Tagged with: Contract Judge Anthony J. Trenga U.S. District Court - Eastern District
Read More »Contractor Can’t Challenge Space Program
An Alexandria U.S. District Court dismisses plaintiff contractor’s suit seeking to enjoin the Defense Advanced Research Projects Agency’s program for Robotic Servicing of Geosynchronous Satellites Program, which plaintiff says violates multiple provisions of the 2010 National Space Policy and therefore ...
Tagged with: Administrative Judge Leonie Brinkema U.S. District Court - Eastern District
Read More »Disbarred Lawyer Can’t Sue for Legal Services
A former lawyer who was disbarred after a felony conviction cannot recover from a church and two of its members for legal services he purportedly provided on a building contract for a new sanctuary; the Alexandria U.S. District Court dismisses ...
Tagged with: Civil Procedure Judge Claude M. Hilton U.S. District Court - Eastern District
Read More »Pro Se Plaintiff Hit with Discovery Cost
In an African-American female’s suit alleging race and age discrimination by defendant IKEA US East LLC, an Alexandria U.S. District Court Magistrate Judge orders the pro se plaintiff to pay defendant $4,792 for its reasonable fees and expenses for plaintiff’s ...
Tagged with: Employment Judge Theresa C. Buchanan U.S. District Court - Eastern District
Read More »No FDCPA Claim for Medical Bill Collector
In plaintiff’s suit against a collection agency trying to collect her unpaid medical bill of $143.80, plaintiff alleges no falsehood, misrepresentation, unfairness or unconscionable means covered by the Fair Debt Collection Practices Act, and the Newport News U.S. District Court ...
Tagged with: Consumer Protection Judge Michael C. Allen U.S. District Court - Eastern District
Read More »County Pays Extra for FMLA ‘Bad Faith’ Violation
A county employee who needed one more day of FMLA leave after a shoulder injury, and who acted within the county’s deadline for notification of that need for additional leave, wins $747,320 in damages for the county’s FMLA violation in ...
Tagged with: Employment Judge Raymond A. Jackson U.S. District Court - Eastern District
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