Where the indictment did not state that to convict the defendant of possession of a firearm by a convicted felon, the government must prove he knew he belonged to the relevant category of persons barred from possessing a firearm, and ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge A. Marvin Quattlebaum Jr. Judge Roger L. Gregory

A viable hostile work environment claim based on a co-worker’s conduct requires facts showing the employer knew, or should have known, about the harassment and failed to take action to stop it. Here, because the complaint alleged Best Buy successfully ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Employment Discrimination Judge A. Marvin Quattlebaum Jr.

Where the defendant moved a video containing child pornography from his laptop to a Dropbox, he satisfied the “transportation” element, even if there was no evidence that he shared, attempted to share or intended to share the video. Background Robert ...

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

Where an agreement involving defense contractors excluded Title VII claims from arbitration “unless and until federal law no longer prohibits the Firm from mandating arbitration of such claims,” and PricewaterhouseCoopers LLP no longer performs the work that prohibited mandatory arbitration, ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge A. Marvin Quattlebaum Jr.

A defendant sentenced for a conspiracy involving both crack and powder cocaine was nevertheless eligible for a sentence reduction consideration under the First Step Act because nothing in the statute says it does not apply if a covered offense is ...

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

In an issue of first impression, the court held that to succeed on a claim a hospital admission was not made in good faith, evidence must show the hospital admitted a patient solely to satisfy its Emergency Medical Treatment and ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge A. Marvin Quattlebaum Jr. Tort

Where an agreement barred claims brought by a subcontractor for damages arising out of the construction of an FBI facility in West Virginia, and the subcontractor waived other arguments by not raising them in district court, the contractor prevailed. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge A. Marvin Quattlebaum Jr.

Where a property settlement agreement was ambiguous on whether an ex-wife relinquished her rights to the husband’s life insurance policy as part of their divorce, the district court erred by awarding the policy’s proceeds to the decedent’s daughter. The issue ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge A. Marvin Quattlebaum Jr.

Where a panel for the first time addressed whether a conviction under South Carolina’s voyeurism statute constitutes a “sex offense” requiring registration under Sex Offender Registration and Notification Act, it found that a violation of the statute—which does not require ...

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

Where a plaintiff brought gender and race discrimination claims against International Paper Company alleging it subjected her to a hostile work environment that resulted in her constructive discharge, paid her unequally and retaliated against her, the record did not support ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge A. Marvin Quattlebaum Jr.