Tag Archives: 4th U.S. Circuit Court of Appeals

Featured: Travel ban’s third iteration likely unconstitutional (access required)

The appellate court affirmed a nationwide preliminary injunction on the Trump administration’s travel ban, which the district court held was a likely violation of the First Amendment’s guarantee of religious freedoms. Background Seven days after taking office, President Donald Trump ...

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4th Circuit Court of Appeals: Handcuffing student was excessive force (access required)

A school safety officer used excessive force in handcuffing an elementary student who posed no objective threat, but she was still entitled to qualified immunity for the constitutional violation. This matter involves a school resource officer’s decision to handcuff a ...

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Persecution targeting family prevents removal (access required)

Petitioner Reynaldo Salgado-Sosa, a native citizen of Honduras, seeks asylum, withholding of removal, and protection under the Convention Against Torture. According to testimony found credible by the Immigration Judge, Salgado-Sosa and his family operated two small businesses out of their ...

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4th Circuit Court of Appeals: MDL “bellwether” trial was fair (access required)

A medical-implant manufacturer, the defendant at a consolidated trial arising from a much larger multidistrict litigation, did not demonstrate either that consolidation was unfair or that the trial court otherwise committed reversible error, the court of appeals held. Appellant Boston ...

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Negligence can’t sustain contributory infringement (access required)

Although an ISP’s “13-strike policy” did not qualify for safe harbor in a music copyright infringement suit, the court of appeals remanded for a new trial due to a jury instruction that erroneously suggested contributory liability could be based on ...

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