A deaf man who sued a hospital after it failed to provide him with an interpreter during his wife’s childbirth had his disability discrimination lawsuit reinstated by the U.S. 4th Circuit Court of Appeals. The Fourth Circuit reversed the decision ...

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

Where a woman’s putative class-action suit alleged the West Virginia Parkways Authority unjustly enriched itself by collecting administrative and notice toll fees in violation of West Virginia law, but the Class Action Fairness Act limits jurisdiction where a governmental entity ...

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

In an issue of first impression, the court joined other circuits in holding that when alleging fraud by omission or concealment, given that critical facts related to such allegations are uniquely within the defendant’s knowledge and control, plaintiffs may partly ...

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

Where a real estate development company asserted takings and due process claims against a North Carolina county that allegedly thwarted its ability to obtain water and sewer services, but the company had no constitutionally protected “property” interest at the time, ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Toby Heytens

Where the district court relied on now-inapplicable guidance in denying a detainee’s first motion for compassionate release, and then appeared to rely on that first denial in denying his petition a second time, despite the fact that he presented supplementary ...

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

Where a bank robber agreed to a sentence of 384 months as part of a plea deal, and thus avoided a potential sentence of 1054 months, the district court did not err in considering that plea deal when it denied ...

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

Where a motion based on fraud or misrepresentation under Fed. R. Civ. P. 60(b)(3) must be filed “no more than a year after the entry of the judgment or order or the date of the proceeding,” the deadline isn’t subject ...

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

Where the Board of Immigration Appeals determined a native and citizen of Mexico was ineligible for cancelling his removal because he had been convicted of identity theft under Virginia law, and that was a crime of moral turpitude, it did ...

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

In a case where two people suffered “gruesome injuries” in a hot-air balloon accident, the district court made no error when it ruled that an insurance policy’s coverage limit of $100,000 per passenger applied rather than the $1 million coverage ...

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

Where multiple environmental organizations challenged a final rule that affected how federal agencies would conduct reviews under the National Environmental Policy Act, or NEPA, but each of their categories of alleged damages was unripe, the suit was dismissed. Background A ...

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