Where the relator’s False Claims Act claims were based on “classic conclusory language,” they were properly dismissed for failure to state a claim. And because plaintiffs do not get a “dry run” as a matter of right and district courts ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Julius N. Richardson Tort

Where an employee “routinely” received above-average performance reviews, and received the highest rating possible in her last two reviews prior to her termination, there was a disputed issue of whether she was satisfying her employer’s legitimate business expectations at the ...

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

Where an HVAC contractor manifested its intent to be bound by a collective bargaining agreement, it was liable for an exit contribution required under § 515 of the Employee Retirement Income Security Act of 1974, or ERISA, and that same ...

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

Where the parties to a share purchase agreement agreed that New York would be the exclusive forum for disputes, the suit was transferred to the Southern District of New York. Although the seller argued that the suit could remain in ...

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

Where two Virginia Beach residents challenged the system used to elect members of the City Council, but the General Assembly changed the system before the trial court issued its decision, that mooted the suit. Background Two Virginia Beach residents sued, ...

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

Where a detainee suing for civil rights violations moved for sanctions after learning that videos of his physical altercation were not preserved, and he timely objected to a magistrate judge’s decision denying his motion, the district court must consider the ...

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

An employee who routinely received above-average performance reviews and received the highest rating possible in her last two reviews before her termination will have her discrimination case heard by a jury. The 4th U.S. Circuit Court of Appeals vacated the ...

Tagged with: 4th U.S. Circuit Court of Appeals Americans with Disabilities Act Employment Judge Roger L. Gregory

Where a man charged with multiple counts of conspiracy and mail or wire fraud argued the district court erred when it allowed his wife to refuse to testify based upon her Fifth Amendment rights, but the district court’s decision also ...

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

Where a man alleged that Virginia was constitutionally required to use 2020 U.S. Census data to draw the legislative districts for the 2021 House of Delegates election, but he did not reside in an underrepresented House of Delegates district and ...

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

Where the district court abstained from a suit challenged West Virginia’s administration of child welfare services because it believed it would interfere with state-court proceedings, that was error. The principles of federalism are not served by abstention and, if plaintiffs ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Henry F. Floyd