Previously opened and delivered emails are considered to be in “electronic storage” and can, therefore, be the basis for a federal Stored Communications Act claim, the 4th U.S. Circuit Court of Appeals has ruled in a matter of first impression. ...

Tagged with: 4th U.S. Circuit Court of Appeals News Judge James A. Wynn Jr.

A federal appeals court heard arguments Jan. 30 on the constitutionality of nondisclosure agreements in Baltimore Police Department settlements, which advocates claim unduly restrict speech and limit public access to information about police brutality. Attorneys for the city told the ...

Tagged with: 4th U.S. Circuit Court of Appeals News

A claim to collect on a state court judgment is not precluded by the doctrine of res judicata in cases where the claim could not have been brought at the time of prior litigation, the 4th U.S. Circuit Court of ...

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

The 180-day waiting period for federal employees to file a discrimination lawsuit begins upon filing an initial complaint; not after each subsequent amendment, the 4th U.S. Circuit Court of Appeals has ruled. In a matter of first impression, the court ...

Tagged with: 4th U.S. Circuit Court of Appeals News Employment Discrimination Judge James A. Wynn Jr.

A plaintiff with disabilities cannot sue a credit union of which he is not member for failing to make its website accessible under the Americans with Disabilities Act, the 4th U.S. Circuit Court of Appeals has ruled. The court affirmed ...

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

A lawyer charged with helping his wife plunder money from the campaign chest of a Virginia state senator and two other organizations cannot shield his two homes from possible forfeiture, a federal appeals court ruled last month. The 4th U.S. ...

Tagged with: 4th U.S. Circuit Court of Appeals News Judge Allyson K. Duncan Judge T.S. Ellis III

Direct evidence of government payment and receipt of fraudulent services must be alleged at the pleading stage for a qui tam action to survive a motion to dismiss, the 4th U.S. Circuit Court of Appeals has ruled. Despite this, a ...

Tagged with: 4th U.S. Circuit Court of Appeals News Judge Allyson K. Duncan Judge Barbara Milano Keenan Whistleblower

A year ago, a judge on the 9th U.S. Circuit Court of Appeals, Alex Kozinski, retired in the face of allegations of improper sexual conduct and abusive practices toward colleagues and law clerks. This event prompted leaders in the courts ...

Tagged with: 4th U.S. Circuit Court of Appeals News

A federal prisoner’s sentence is to be reconsidered, the 4th U.S. Circuit Court of Appeals has ruled, thanks in part to the work of two University of Virginia Law students. Sound familiar? This is the second time that students at ...

Tagged with: 4th U.S. Circuit Court of Appeals News University of Virginia

Federal courts have the power to hear a motion to vacate or modify an arbitration award in any dispute where they would have the power to hear a motion to compel arbitration, the 4th U.S. Circuit Court of Appeals has ...

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