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Circuit split over tax mailbox rule deepens
In an issue of first impression, the court joined the Second and Sixth Circuits in holding that 26 U.S.C. § 7502, a uniform statutory mailbox rule for tax filings, supplanted the common-law rule. The decision deepens a split with the Eighth and Tenth Circuits, both of which say the statute merely supplemented the common-law rule. […]
Virginia Tech defeats attempt to enjoin university’s policies
Where an organization alleged that two Virginia Tech policies violate the First Amendment rights of its students, but the organization lacked standing to challenge one policy, and failed to show the second policy violated the First Amendment, its motion for injunctive relief was denied. Background Speech First Inc. asserts that two Virginia Tech policies — […]
Suit over death of detainee reinstated
Where the district court dismissed claims alleging that medical professionals exhibited deliberate indifference to the needs of a detainee, but the complaint sufficiently alleged that the medical professionals knew of and disregarded a substantial risk of serious injury to decedent, the claims were reinstated. Background Shelly Kaye Stevens, as personal representative of the estate of […]
Admissions policy withstands constitutional attack
Where a new admissions policy at Thomas Jefferson High School for Science & Technology visits no racially disparate impact on Asian American students, the district court erred when it concluded the policy violates the Fourteenth Amendment’s guarantee of equal protection. Background The question is whether the admissions policy adopted by Virginia’s Fairfax County School Board […]
Defendant’s stipulation may be enforced in later trial
In an issue of first impression, the court joined other circuits that have unanimously concluded that a district court may enforce in a later trial a stipulation entered into in an earlier trial, unless the stipulation was expressly limited to the first proceeding. Background Christopher Robertson was indicted on 22 counts of robbery-related activity and […]
Firm’s search warrant fight not covered by insurance
A law firm’s expenses to fight a search warrant and defend one of its partners during a criminal investigation weren’t covered losses under the firm’s malpractice insurance policy, the 4th U.S. Circuit Court of Appeals has held. The government seized documents from a law firm representing the target of a racketeering investigation. After prevailing in […]
State officials sued for violating federal law
Where a company sought to enjoin North Carolina state officials from citing the company for alleged workplace violations, on the basis the citations violated federal law, their suit may proceed. Because the officials were sued in their official capacity and the declaratory and injunctive relief sought was prospective, the officials were not entitled to Eleventh […]
Defendant wins new trial in foreign-agent case
Where the defendant was convicted of acting as an unregistered agent of a foreign government, the district court did not abuse its discretion in ordering a new trial. The district court weighed the evidence and provided an explanation for its decision. Background In 2019, a jury convicted Bijan Rafiekian of one count of acting as […]
Court refuses to excuse defendant’s default
Where a defendant failed to challenge a count during his plea proceedings or on direct appeal, and there were no grounds for excusing the default, his challenge to that count failed. Background In 2011, Andra Green pled guilty to two counts of using a firearm to commit murder in the course of a “crime of […]
Law firm denied coverage for search warrant compliance
Where the government executed a search warrant at a law firm, that wasn’t a “claim” under the firm’s insurance policy. The warrant authorized law enforcement to carry out the search and seizure without regard to any response by the target of the warrant. Background The law firm of Brown Goldstein Levy LLP, or BGL, and […]
Feds immune in seized smokes suit
The United States has immunity in a tort suit over property that was seized for purposes of both civil forfeiture and criminal investigation, the 4th U.S. Circuit Court of Appeals held in an issue of first impression. The federal government seized 1,560 cartons of cigarettes during a smuggling investigation, but later offered to return them […]
Compulsory counterclaim not subject to exhaustion
In an issue of first impression, the court joined the Third and Fifth Circuits in concluding that the pre-suit requirements of 20 U.S.C. § 1415(i)(2) apply only to the party “bringing the action.” Because the counterclaim brought by a student and parent here was compulsory, they were not required to first exhaust their administrative remedies. […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
