Where the Fourth Circuit previously held that a federal law banning the purchase of a handgun by persons under 21 violated the Second Amendment, but the plaintiff in that case turned 21 before the mandate issued, her original claims were ...

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

Where the discovery procedures of the Foreign Intelligence Surveillance Act, or FISA, didn’t apply to Wikimedia’s suit against the National Security Agency, or NSA, alleging the agency is spying on Wikimedia’s communications through its Upstream surveillance program, the suit was ...

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

Where a supervisor allegedly repeatedly made comments about an employee’s protected activity, the employee’s complaint bridged the gap between the protected activity and the adverse employment action, and his retaliation claim was improperly dismissed. Background Louis M. Tutt III appeals ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination

An employee’s retaliation suit against the supervisor he claimed made repeated comments about his protected activity was dismissed improperly, according to a 4th U.S. Circuit Court of Appeals panel. The panel said the district court erred when it dismissed the ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Law retaliation

Where Amazon showed it was likely to prevail on the merits of its claims against the corporate defendant for its role in a kickback scheme, and where defendant’s assets are likely to become unavailable before judgment due to “dissipation of ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice

Where a West Virginia statute governing the order in which candidates’ names appear on state election ballots was neutral and nondiscriminatory, and any modest burden on the Democratic Party’s rights was justified by the state’s interests in promoting efficiency and ...

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

Where enrollees in the North Carolina State Health Plan for Teachers and State Employees, or NCSHP, alleged the plan violated the Affordable Care Act by categorically denying coverage for gender dysphoria treatments, NCSHP, which accepts federal funds, is not entitled ...

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

Where the government contractor did not supervise plaintiff’s work product, determine her hours or provide her with equipment necessary to perform her duties, it lacked the degree of control over the essential terms and conditions of her work necessary to ...

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

Although the Fairfax County School Board urged the entire Fourth Circuit to rehear an appeal involving its liability for student sexual misconduct, it failed to garner a majority of the judges in regular active service and not disqualified. Background A ...

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

FALLS CHURCH (AP) A divided federal appeals court has upheld the dismissal of an ACLU lawsuit challenging a portion of the National Security Agency’s warrantless surveillance of Americans’ international email and phone communications. The 4th U.S. Circuit Court of Appeals ...

Tagged with: 4th U.S. Circuit Court of Appeals ACLU Fourth Amendment Free Speech National Security Agency Wikimedia Foundation