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Admissions policy withstands constitutional attack
Where a new admissions policy at Thomas Jefferson High School for Science & Technology visits no racially disparate impact on Asian American students, the district court erred when it concluded the policy violates the Fourteenth Amendment’s guarantee of equal protection. Background The question is whether the admissions policy adopted by Virginia’s Fairfax County School Board […]
Defendant’s stipulation may be enforced in later trial
In an issue of first impression, the court joined other circuits that have unanimously concluded that a district court may enforce in a later trial a stipulation entered into in an earlier trial, unless the stipulation was expressly limited to the first proceeding. Background Christopher Robertson was indicted on 22 counts of robbery-related activity and […]
Firm’s search warrant fight not covered by insurance
A law firm’s expenses to fight a search warrant and defend one of its partners during a criminal investigation weren’t covered losses under the firm’s malpractice insurance policy, the 4th U.S. Circuit Court of Appeals has held. The government seized documents from a law firm representing the target of a racketeering investigation. After prevailing in […]
State officials sued for violating federal law
Where a company sought to enjoin North Carolina state officials from citing the company for alleged workplace violations, on the basis the citations violated federal law, their suit may proceed. Because the officials were sued in their official capacity and the declaratory and injunctive relief sought was prospective, the officials were not entitled to Eleventh […]
Defendant wins new trial in foreign-agent case
Where the defendant was convicted of acting as an unregistered agent of a foreign government, the district court did not abuse its discretion in ordering a new trial. The district court weighed the evidence and provided an explanation for its decision. Background In 2019, a jury convicted Bijan Rafiekian of one count of acting as […]
Court refuses to excuse defendant’s default
Where a defendant failed to challenge a count during his plea proceedings or on direct appeal, and there were no grounds for excusing the default, his challenge to that count failed. Background In 2011, Andra Green pled guilty to two counts of using a firearm to commit murder in the course of a “crime of […]
Law firm denied coverage for search warrant compliance
Where the government executed a search warrant at a law firm, that wasn’t a “claim” under the firm’s insurance policy. The warrant authorized law enforcement to carry out the search and seizure without regard to any response by the target of the warrant. Background The law firm of Brown Goldstein Levy LLP, or BGL, and […]
Feds immune in seized smokes suit
The United States has immunity in a tort suit over property that was seized for purposes of both civil forfeiture and criminal investigation, the 4th U.S. Circuit Court of Appeals held in an issue of first impression. The federal government seized 1,560 cartons of cigarettes during a smuggling investigation, but later offered to return them […]
Compulsory counterclaim not subject to exhaustion
In an issue of first impression, the court joined the Third and Fifth Circuits in concluding that the pre-suit requirements of 20 U.S.C. § 1415(i)(2) apply only to the party “bringing the action.” Because the counterclaim brought by a student and parent here was compulsory, they were not required to first exhaust their administrative remedies. […]
Firm’s claims for fees from former clients dismissed
Where a law firm sued its former clients to recover unpaid legal fees and expenses, but the North Carolina state bar had previously found the firm’s lead partner misled the clients into retaining the firm and engaged in other unethical conduct, the district court did not err dismissing the firm’s claims. Background Halscott Megaro PA […]
Intervention denied where case was already on appeal
Where persons and entities moved to intervene in an action in the district court, but the district court had already entered final judgment that had been appealed to this court, the notice of appeal divested the district court of jurisdiction to entertain the intervention motion. Background This appeal marks another installment in a series of […]
College prevails on professor’s retaliation claims
Where a college professor argued she was terminated for unlawful reasons, but the record showed the decision was because she was not a good fit for the college and because of reports of threatening and unprofessional behavior, the college prevailed on the retaliation claims. Background In 2017, Summer Lashley signed a one-year contract to teach […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
Viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
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