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

Northrop Grumman successfully argued that an employee’s complaint was not within the scope of the Sarbanes-Oxley Act, or SOX, and she therefore could not claim whistleblower protection under the Act. An ALJ’s order in favor of the employee was vacated. ...

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

Although a district court made errors in certifying a defendant class, including failing to timely appoint class counsel or ensuring the requirements of Federal Rule 23 were satisfied, the objecting parties’ failure to timely object to these defects and the ...

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

Where a sheriff terminated a deputy sheriff who supported the sheriff’s opponent during the re-election campaign, he did not violate the law. Background This case arises from Sheriff Michael L. Chapman’s decision not to reappoint Mark F. McCaffrey as a ...

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

Where a proxy statement given to shareholders to secure approval for a merger specifically warned that the financial information provided in the statement might be outdated and would not be updated, the shareholders could not claim that the failure to ...

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

Where a public authority’s obligation to repay bonds was conditioned of its receipt of rent from the city, and the city’s payment of that rent was conditioned on the appropriation of funds that were not, ultimately, appropriated, neither the city ...

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