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Tag Archives: 4th U.S. Circuit Court of Appeals

Murder defendant twice received inadequate counsel (access required)

Where trial counsel for a capital murder defendant failed to present any mitigation evidence, and postconviction relief counsel found more information about the defendant’s traumatic upbringing but failed to pursue a mitigation-based ineffective assistance of counsel claim, the defendant was ...

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$4.84M verdict vacated due to unreliable experts (access required)

Where the district court never addressed the defendant’s challenges to one expert’s proximate causation opinions, and never made relevance or reliability rulings about either expert’s opinions, it abdicated its gatekeeping functions. Because it was error to admit the experts’ opinions, ...

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Carrier’s info to injured man not misrepresentation (access required)

Where an insurance carrier told an injured party that a certain person was “responsible” for the accident, that wasn’t an affirmative misrepresentation because that person held the insurance policy responding to the accident. Where the injured party could have ascertained ...

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County must pay winning party’s attorneys’ fees (access required)

Where Montgomery County transferred a blind employee to her requested customer service position at a countywide call center after a jury found its failure to do so amounted to discrimination, she was entitled to recover reasonable attorneys’ fees, costs and ...

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Antitrust pharmaceutical class decertified (access required)

Where a class of pharmaceutical buyers claimed two manufacturers allegedly reached an anticompetitive settlement in a patent dispute, the district court erred in focusing on whether denial of certification would result in “multiple individual trials” when it certified a class. ...

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Ocean City may ban females from going topless (access required)

Where the court previously held that protecting the portion of society that disfavored public display of female breasts furthers an important governmental interest, and the Supreme Court has not held otherwise, Ocean City’s ordinance prohibiting women from going topless was ...

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