Where the complaint plausibly alleged plaintiffs only learned about possibly improper conduct involving a merger within a year of filing suit, the class action was potentially timely; and where plaintiffs plausibly alleged the omission of material facts from proxy documents, ...

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

Where the evidence showed one official within the prison’s health department was aware of the plaintiff’s Hepatitis C status, lack of treatment and resulting risk of harm, and another official postponed treatment for inmates with Hepatitis C knowing it would ...

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

Where there were lapses in the FBI’s National Instant Criminal Background Check System that allowed Dylann Roof to purchase his semiautomatic weapon, lawsuits seeking to hold the United States responsible will proceed. Background In the weeks following the tragic shooting ...

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

Where Sprint argued that Wireless Buybacks, by purchasing phones from Sprint’s customers for resale, tortiously interfered with contracts between Sprint and its customers, the contracts were found to be ambiguous on whether the practice was forbidden. Background Besides providing cellular ...

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

Where the police were immediately responding to the scene of where gunshots were heard, it was not unlawful for them to temporarily stop men walking away from the scene. The case was remanded to determine whether the search, which revealed ...

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

Where the defendant’s challenge to his designation as an armed career criminal is not barred by the statute of limitations, the law of the case or a waiver, the district court must consider his arguments that his prior robberies no ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion

Where a plaintiff brought gender and race discrimination claims against International Paper Company alleging it subjected her to a hostile work environment that resulted in her constructive discharge, paid her unequally and retaliated against her, the record did not support ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge A. Marvin Quattlebaum Jr.

Where there was no material fact as to a former paper mill worker’s claims that the company discriminated and retaliated against him and subjected him to a hostile work environment, the court ruled the alleged conduct was insufficient as a ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge A. Marvin Quattlebaum Jr.

Where the district court concluded there were factual disputes whether a U.S. government contractor, CACI, sued for its alleged role in torture of Iraqis at Abu Ghraib violated the law or its contract, CACI could not seek immediate appellate review ...

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

Where four African American plaintiffs assert that they were stopped and searched as a result of racial profiling by an Albemarle County police officer and the district court applied an incorrect standard in rejecting their statistical evidence, the case was ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Per Curiam Opinion