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.

Where there was no material fact as to a former paper mill worker’s claims that the company discriminated and retaliated against him and subjected him to a hostile work environment, the court ruled the alleged conduct was insufficient as a ...

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

The defendants were acting within the scope of their employment when they investigated complaints that plaintiff abused and neglected his three minor children while stationed on an overseas military base. Background Barry Doe claims officers of the United States Navy ...

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

After testimony from the plaintiff’s own experts confirmed the doctor’s decision to transfer the infant to a higher level of care within the hospital was not a violation of the standard of care, the court reversed a multi-million dollar judgment ...

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

A woman’s failure to read the label on a bottle of pills was not contributory negligence as a matter of law, the 4th U.S. Circuit Court of Appeals said in the case of a pharmacy that mailed the wrong medicine ...

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

A defendant was properly categorized under the Armed Career Criminal Act, or ACCA, because his conviction for assault with intent to murder qualified as a “violent felony” under the statute. Background Kevin Battle appeals from the district court’s denial of ...

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

Where a woman died more than one month after taking prescription medication intended for another customer that was mistakenly delivered to her house, her estate could pursue claims of negligence against the pharmacy that prescribed the medication and the delivery ...

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