Where a pilot returning from military leave was offered an equivalent position, albeit in a different city, and implementing regulations by the Department of Labor, or DOL, specify that a reemployment position may involve transfer to another location, but the ...

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

Where the district court believed it was required to impose a mandatory minimum term of five additional years of supervised release after the defendant violated his sex-offender registration requirement, but the statute does not require a mandatory minimum term, the ...

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

Where the defendant was sentenced after the Fair Sentencing Act, and there was no suggestion that the district court did not follow U.S. Supreme Court and Fourth Circuit caselaw which held that the statute applied to all post-act sentencings, even ...

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

A group of North Carolina personal injury attorneys prevailed in a consumer protection suit after the court found the plaintiffs failed to preserve the argument that the reports accessed by the attorneys were a “motor vehicle record.” The ruling, handed ...

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

Where a pharmaceutical company sought discovery from a competitor for use in their foreign patent litigation, its request under 28 U.S.C § 1782 was denied. The competitor company was not “found” in the district where the application was filed because ...

Tagged with: 4th U.S. Circuit Court of Appeals Evidence Judge Paul V. Niemeyer

Where a charter school’s dress code required girls to wear skirts, that rule violated the Equal Protection Clause of the 14th Amendment and subjected the girls to discrimination and denied them the full benefits of education in violation of Title ...

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

Where detainees at supermax facilities alleged that solitary confinement violated their Eighth Amendment right to be free from cruel and unusual punishment and their 14th Amendment right to receive sufficient process, prison officials were properly denied qualified immunity at the ...

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

Where a village town manager published an affidavit in which he falsely stated that complaints were filed against town safety officers “involving inappropriate electronic communications that created a hostile work environment in violation of Village policy,” he was liable for ...

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

Where a jury found two companies’ statements about probiotics constituted false advertising, the district court enjoined them from making certain statements about the products. But when they violated that order, the court did not err in holding the companies in ...

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

Where a mother sued school officials for failing to report that a teacher was abusing her son, the officials were granted immunity because their decisions involved the exercise of discretion and there were no allegations showing they acted with malice. ...

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