Body camera footage showed the vehicle of one of the defendants who claims he was unlawfully seized was not blocked by a police cruiser in the parking lot and the defendant could have easily driven past the cruiser. Thus, the ...

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

Where an inmate who had pleaded guilty to conspiracy to cocaine-related crimes provided “substantial assistance” to the government, he was entitled to have a pleading about his efforts sealed and removed from online research services. There was a heightened risk ...

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

A defendant charged with federal illegal reentry from Mexico pleaded guilty to a crime committed during his prior presence in the U.S. The guilty plea waived his right to assert that a six-year delay between the charge and his plea ...

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

Where the government opted to not make an initial closing argument, it should not have been allowed to make a rebuttal closing argument after the defendant’s closing. But because the defendant did not show he was prejudiced by the altered ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

The company could not produce arbitration agreements with the named plaintiff and 71 opt-ins. An affidavit about its corporate policy of requiring agreements was insufficient without testimony from persons personally involved in the onboarding process. And while the company produced ...

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

A company president who signed three agreements with a Chinese company that contained clauses requiring arbitration of any disputes in China could not use his unilateral decision not to hire his own Chinese counsel or his own independent Chinese interpreter ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Pamela A. Harris

Where a direct action brought by the company was resolved in a broad release, and there was no evidence of collusion or bad faith, a derivative action asserting identical or similar claims arising out of the same underlying facts was ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge G. Steven Agee

A condition of supervised release that requires a total ban on defendant’s viewing of any materials that sexually arouse him, including mainstream media like movies or advertisements, did not run afoul of 18 U.S.C. § 3583(d) because it was meant ...

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

A pro se prisoner’s claim that his rights were violated was supported by the failure of prison officials to explain the need to check his mail for contraband outside of his presence. Because the infringement of his First Amendment rights ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Diana Gribbon Motz

Where a former senior vice president of mobile solutions knew the company’s  compensation committee rejected the agreed-upon vesting criteria for his stock options in July 2013, but didn’t file suit until November 2016, his breach of contract and good faith/fair ...

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