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

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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Dark web search warrant issued in good faith (access required)

A warrant executed in good faith, even if unconstitutional, did not render resulting evidence of child-pornography crimes inadmissible, the court of appeals held. Appellant Robert McLamb was identified by the FBI as a visitor to Playpen, a website accessible only ...

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Firefighter presented triable Title VII issues (access required)

A reasonable jury could find that Defendant/Appellee Fairfax County did not adequately address a firefighter’s complaints of harassment and that it retaliated against her after she complained, the court of appeals held; thus, summary judgment for the County was improper. ...

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Removal contingent on alter-ego issue (access required)

Although a forum-selection clause effectively precluded removal by naming a North Carolina county without a federal courthouse, the court of appeals returned the case to the district court to determine whether the clause bound all defendants. Defendant/Appellant Saber Healthcare Group ...

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No CAFA removal for “additional counter-defendants” (access required)

Where an original defendant makes counterclaims naming additional parties as counter-defendants, those additional parties are not entitled to remove the claims against them to federal court even under the permissive standards of the Class Action Fairness Act. Original Plaintiff Citibank, ...

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