The arguments of two defendants, members of the MS-13 street gang who were convicted in a racketeering case, that the district court made numerous evidentiary errors during the trial were rejected. In addition, claims by one of the defendants who ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

Although a woman argued her residual functional capacity, which limits her to “simple, routine, repetitive tasks,” conflicted with the vocational expert’s testimony about the category of tasks she is able to perform, there is no inconsistency between her  capacity and ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Albert Diaz

Where the complaint plausibly alleged plaintiffs only learned about possibly improper conduct involving a merger within a year of filing suit, the class action was potentially timely; and where plaintiffs plausibly alleged the omission of material facts from proxy documents, ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Securities

Although the defendant challenged the search warrant that led to his plea to possession of child pornography, there was probable cause for the warrant because the facts in the affidavit supported a reasonable inference that someone using his IP address ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

Where agents demonstrated that a wiretap was necessary in light of the defendant’s remote location and the lack of success that traditional investigative methods had against his co-conspirator, the defendant charged with conspiracy could not suppress the evidence. Background Demetrius ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

Although the United Mine Workers Benefit plan argued that Consol Energy’s change in benefits violated federal law, the alleged risk of harm to the beneficiaries was too speculative to confer standing. Background Consol Energy Inc. is required under the Coal ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Labor

The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals policy established in 2012 was arbitrary and capricious because the memo explaining that decision did not identify any basis for the department’s view that the program ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Albert Diaz

A restaurant that refused to allow a child with a severe gluten sensitivity to bring in his own homemade meal could be sued for discrimination in violation of the American with Disabilities Act. Background J.D. is an 11-year-old boy who ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Albert Diaz

A defendant claiming the relevant law had changed after his sentence was not entitled to habeas relief because, in fact, the law had not changed. Background Jermaine Moss was tried in a Florida federal district court for two drug offenses ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

North Carolina’s ban on the unauthorized practice of law is not constitutionally infirm as applied to a trade association because it does not restrict the association’s speech, association or related rights and does not violate the state’s Monopoly Clause. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Albert Diaz