In the prosecution of two brothers for robbery and attempted robbery of two North Carolina coin shops, a fingerprint of Janson Strayhorn on duct tape used to bind the owner of P&S Coins was insufficient to convict him of the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge James A. Wynn Jr.

Tracing the transfer of rights conveyed under an oil and gas lease in 1892, the 4th Circuit says there was no severance of the two interests and the lease conveyed gas rights as well as oil rights;  the 4th Circuit ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Roger L. Gregory Real Estate

A widow who alleged defendant insurance carrier denied payment of the full amount of her husband’s life insurance policy until days before an administrative hearing before the state Office of the Insurance Commissioner may sue for “unfair settlement practices” in ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Henry F. Floyd

Although federal funding makes a city’s street widening project subject to a federal statute governing land acquisitions, plaintiff car wash cannot use the statute to challenge the city’s “quick take” of the car wash property as the statute, 42 U.S.C. ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Real Estate

A relator who alleged a drug company violated the False Claims Act when it filed claims for Medicaid and Medicare reimbursement for drugs that were packaged to allow cross-contamination by penicillin cannot sue under the FCA, and the 4th Circuit ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Barbara Milano Keenan

A defendant knowingly and voluntarily waived his claim that the district court erred in relying on statements from an informant drug buyer to calculate how much cocaine defendant sold in the charged conspiracy that operated from 2002 to 2011, and ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

A civil rights complaint of excessive force that alleged defendant officers, on a particular day, “did commit” or “allow to be committed an unreasonable seizure” that deprived plaintiffs of their constitutional rights without due process of law, stated a claim ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Henry F. Floyd

A divided 4th Circuit panel reverses a $10.8 million insurance judgment in favor of a Maryland chemical company, Millennium Inorganic Chemicals Ltd., who sued for “contingent business interruption” coverage following a massive 2008 explosion at a natural gas production facility ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge G. Steven Agee

Testimony from two executives of a bank that acted as a warehouse lender for debtor and his fraudulent mortgage operations supported the bank’s good faith defense to the bankruptcy trustee’s action to avoid payments debtors made to the bank, and ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge Barbara Milano Keenan

The 4th Circuit upholds a decision by the Federal Trade Commission that defendant Kristy Ross engaged in deceptive Internet advertising practices, specifically, running a deceptive Internet “scareware” scheme in violation of the prohibition on deceptive advertising in 15 U.S.C. § ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Andre M. Davis