Virginia Lawyers Weekly VA Lawyers Weekly

Police officers who waited more than two minutes before allowing a lifeguard to rescue the plaintiff who was suffering a psychotic episode, are nevertheless entitled to qualified immunity as no clearly established law put the officers on notice that such ...

Tagged with: Judge T.S. Ellis III Tort U.S. District Court - Eastern District

Even if the district court erred in concluding the defendant’s prior assault conviction was a crime of violence under the current version of the sentencing guidelines, that error was harmless in light of its stated conclusion it would have imposed ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer

An appeal waiver did not prevent the court from reviewing the defendant’s claim her plea was tainted by constitutional error. On the merits, however, the court agreed the relevant statute applied to the defendant’s admitted conduct. Background Mary Mooney pleaded ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Pamela A. Harris

The court joined its sister circuits in holding that, where a party obtains a judgment against an insured, and then sues that insured’s carrier, that second suit is not a “direct action” within meaning of 28 U.S.C. § 1332(c)(1). Furthermore, ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Albert Diaz

The district court did not adequately consider evidence the settlement was the product of collusion or that it harmed certain members of the class, whose interests were different than the representative members. Background This appeal of a class-action settlement concerns ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Roger L. Gregory

An entire award to a farmer who argued that his insurance company breached a contract was vacated because the arbitrator exceeded her authority by awarding extra-contractual damages, which can only be awarded by a court; and although her decision included ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Stephanie Dawn Thacker

A defendant who was incorrectly informed about the potential sentence if he pleaded guilty, which the government conceded was plain error, nevertheless failed to demonstrate the admitted error affected his substantial rights under a binding Fourth Circuit decision that imposes ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan

Plaintiffs who prevailed on their contract claim against the defendant and were awarded more than $28 million in damages could not now sue the same defendant for essentially, fraudulently breaching the contract. Because the gravamen of the suit sounded in ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Tort

A housekeeper who was repeatedly raped by the husband of a U.S. State Department employee while working at the U.S. embassy in Yemen obtained a $3 million judgment against the wife. Although the wife argued that, because the abuse occurred ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Robert B. King Tort

The dismissal of a church’s suit was vacated, allowing it to pursue claims against Baltimore County alleging it discriminated against the church on religious grounds in violation of a federal statute and the Constitution by denying it permission to operate ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Albert Diaz