Where one woman testified the defendant kept her under constant supervision and she was fearful of the consequences of trying to leave and another woman (who was 16 at the time) testified he threatened her and used physical violence, there ...

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

Where the record failed to show the plaintiff rejected underinsured motorist, or UIM, coverage at the time he bought his motorcycle, and failed to show the parts manager for the dealership was his implied agent, the policy was reformed to ...

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

Where the police had a reasonable belief that the plaintiff posed a danger to herself and others, they were entitled to qualified immunity against claims arising from her detention for a mental health evaluation. Background Kerrin Barrett brought this action ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge William B. Traxler Jr.

Although regulations prohibit “commercial vehicles” from driving on the George Washington Parkway unless authorized by permit, the mere fact the defendant was driving a commercial vehicle on the parkway did not provide a basis to stop his vehicle. The marijuana ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allison Jones Rushing

Where the indictment sufficiently described the scheme to defraud the government and the evidence supported the convictions for wire fraud, conspiracy and aiding, the defendant lost his bid to upset his convictions for his role in a conspiracy involving the ...

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

After the defendant was sentenced to life without parole for crimes committed when he was 17, the Supreme Court held that, when sentencing a minor to life without parole, the court must consider the defendant’s “youth and attendant characteristics.” Because ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allison Jones Rushing

A rule promulgated by the Department of Health and Human Services, prohibiting physicians and other providers in Title X programs from referring patients for an abortion and imposing other requirements on entities receiving Title X funds, was enjoined. HHS inadequately ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Albert Diaz Judge J. Harvie Wilkinson III Judge Julius N. Richardson Judge Stephanie Dawn Thacker

Where defendants’ compromise statements were erroneously admitted to prove the validity of the plaintiff’s claim for a commission on the sale of industrial property, and the error was not harmless, the defendants were entitled to a new trial. Background A ...

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

Where Facebook claimed a Black employee was not promoted because his white co-worker exhibited better skills, but the promotion decision was influenced by someone who exhibited racism, and there was evidence the plaintiff was more qualified, a jury will decide ...

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

Because there were good reasons why defense counsel for a man on trial for beating, shooting and robbing a prostitute decided to not test certain items for DNA, including the risk of undermining the trial strategy, the habeas court’s rejection ...

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