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

4th Cir.: Service on statutory agent doesn’t start removal clock (access required)

A plaintiff could not keep her lawsuit against her insurance company out of federal court because her service of process on a statutory agent didn’t start the clock for noticing removal to federal court. The court also deemed the company ...

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4th Cir.: Warnings expert properly excluded (access required)

A plaintiff’s proffered warnings expert could not be qualified on the basis of his own personal reasoning, and the plaintiff’s failure to read appropriate warnings defeated her design-defect allegations. Background Appellant Deborah Meek Hickerson sustained serious internal injuries in a ...

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4th Cir.: Intervenor’s claim to seized cash not plausible (access required)

A man alleging that $200,000 found in a storage unit was his life savings did not have standing to claim it in a civil-forfeiture proceeding, as his financial difficulties contradicted his ability to save such a sum. Background In 2014, ...

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4th Cir.: Officer’s history of excessive force admissible (access required)

An officer’s conviction for injuring an arrestee was affirmed, in part because the officer’s past conduct toward individuals he perceived as disrespecting law enforcement was probative of his state of mind during the events giving rise to the crime. Background ...

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4th Cir.: Travel ban’s third iteration likely unconstitutional (access required)

The appellate court affirmed a nationwide preliminary injunction on the Trump administration’s travel ban, which the district court held was a likely violation of the First Amendment’s guarantee of religious freedoms. Background Seven days after taking office, President Donald Trump ...

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4th Cir.: NC voluntary manslaughter requires volition (access required)

Federal law permitted harsher sentencing for a defendant’s drug crimes because his prior conviction for voluntary manslaughter in North Carolina qualified as a “violent felony” under the applicable statute. In sentencing Appellant Antoine Smith for drug-possession convictions, the district court ...

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4th Cir.: Termination unrelated to offensive comments (access required)

Despite his supervisor’s racially-tinged comments, a VDOT employee’s termination was not plausibly connected to racial or religious discrimination but was instead the result of unsatisfactory performance. Background Appellant Sinan Rayyan is a Muslim Arab-American who worked as a professional engineer ...

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