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Judge A. Marvin Quattlebaum Jr.

Oct 3, 2023

Police acted reasonably in entering man’s house

Where two police deputies entered a man’s house after receiving permission from a woman that they believed was the man’s wife, and there was some evidence corroborating her statements, they prevailed on the man’s federal and Virginia claims. Background Adam Armstrong alleges two sheriff deputies unlawfully entered his home. The deputies claim Armstrong’s then-wife, Kristy […]

Traffic sign
Sep 10, 2023

‘Too stringent’: Court tosses precedent, joins other circuits on attorneys’ fees for injunction wins

Joining every other circuit to decide the issue, a divided 4th U.S. Circuit Court of Appeals has overruled its precedent that preliminary injunctions can’t convey “prevailing party” status to a plaintiff, which precluded awards of attorney’s fees.

Aug 30, 2023

Precedent on attorneys’ fees for injunction wins overruled

The en banc court overruled its prior precedent and joined every other circuit to decide the issue in holding that when a preliminary injunction provides the plaintiff concrete, irreversible relief on the merits of her claim and becomes moot before final judgment because no further court-ordered assistance proves necessary, the subsequent mootness of the case […]

Aug 30, 2023

Infringer ordered to disgorge $43M in profits

Where the district court did not err in finding that a company infringed another company’s trademark and breached a prior settlement agreement, the infringing company was ordered to disgorge the $43 million of its profits that stemmed from its infringing activity. Background Dewberry Engineers owns federal trademark rights to the “Dewberry” mark and claims Dewberry […]

Jul 27, 2023

Provider did not err saying man could return to work

Where a man’s medical records showed he had a normal echocardiogram, had no heart symptoms, was walking three miles a day and had lost substantial weight, the long-term insurance provider did not err in concluding that he could return to his writer/editor position. Background Kevin Geiger sued Zurich American Life Insurance Company of New York, […]

Jul 7, 2023

Public safety concerns supported warrantless search

Where police searched a van that was parked outside a bank after they saw an AR-15 style rifle, a handgun case, ammunition and explosive material all in plain view, the warrantless search of the van was justified by public safety concerns. Background A grand jury indicted Alexander Hillel Treisman him for possession of child pornography […]

May 23, 2023

Firm’s claims for fees from former clients dismissed

Where a law firm sued its former clients to recover unpaid legal fees and expenses, but the North Carolina state bar had previously found the firm’s lead partner misled the clients into retaining the firm and engaged in other unethical conduct, the district court did not err dismissing the firm’s claims. Background Halscott Megaro PA […]

May 8, 2023

Striking of unvaccinated jurors didn’t violate Sixth Amendment

A federal district court didn’t violate the Sixth Amendment right of criminal defendants to a jury of their peers when it struck potential jurors who were unvaccinated against COVID, the 4th U.S. Circuit Court of Appeals has held. The defendants — unvaccinated due to sincerely held beliefs — objected that striking jurors based on vaccination […]

Apr 25, 2023

Parents allege anti-bias program chills speech

Where parents alleged their minor children were afraid to speak about political or social issues because they were afraid that fellow students would accuse them of bias through a Loudoun County school board program intended to report bias in the schools, the parents had standing to challenge the program. Background The Loudoun County public schools, […]

Apr 25, 2023

Research assistant’s claims dismissed

Where a research assistant alleged that, after he complained about disparaging comments by his supervisor, the supervisor retaliated against him by giving him bad grades, which led to him losing his research assistant position, but there was insufficient evidence of any causal connection between the complaint and the bad grades, the retaliation claim was dismissed. […]

Mar 7, 2023

Deputy prevails in First Amendment retaliation suit

Where a woman sued a Spotsylvania County Deputy Sheriff after learning the deputy offered to buy lunch for another officer if he cited the woman for reckless driving, but there was no error in the jury instructions or evidentiary rulings, the verdict for the deputy was affirmed. Background Several years ago, Spotsylvania County Deputy Sheriff […]

Mar 7, 2023

SEC sues man for trading on insider information

Where the district court granted a man’s motion for judgment after concluding there was insufficient evidence that he received the insider information at the time he began trading in a company’s stock, it erred. Background The Securities and Exchange Commission sued Christopher Clark for trading Corporate Executive Board Inc., or CEB, stock using inside information. […]

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