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

Dark web search warrant issued in good faith (access required)

A warrant executed in good faith, even if unconstitutional, did not render resulting evidence of child-pornography crimes inadmissible, the court of appeals held. Appellant Robert McLamb was identified by the FBI as a visitor to Playpen, a website accessible only ...

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Firefighter presented triable Title VII issues (access required)

A reasonable jury could find that Defendant/Appellee Fairfax County did not adequately address a firefighter’s complaints of harassment and that it retaliated against her after she complained, the court of appeals held; thus, summary judgment for the County was improper. ...

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Removal contingent on alter-ego issue (access required)

Although a forum-selection clause effectively precluded removal by naming a North Carolina county without a federal courthouse, the court of appeals returned the case to the district court to determine whether the clause bound all defendants. Defendant/Appellant Saber Healthcare Group ...

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No CAFA removal for “additional counter-defendants” (access required)

Where an original defendant makes counterclaims naming additional parties as counter-defendants, those additional parties are not entitled to remove the claims against them to federal court even under the permissive standards of the Class Action Fairness Act. Original Plaintiff Citibank, ...

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Catch-all limitations period inapplicable to civil commitment (access required)

The court of appeals held that the federal four-year “catch-all” statute of limitations for civil actions does not apply to civil-commitment proceedings under the Adam Walsh Act. In 2015, while Plaintiff/Appellant Edgar Searcy was in federal prison for using interstate ...

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Jury instruction on sex-trafficking “fraud” upheld (access required)

The court of appeals upheld Appellant Michael Maynes Jr.’s convictions for sex trafficking, holding that the trial court properly instructed the jury on the definition of “fraud” and also excluded evidence of the victims’ past engagement in commercial sex. A ...

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