The court joined its sister circuits in holding that, where a party obtains a judgment against an insured, and then sues that insured’s carrier, that second suit is not a “direct action” within meaning of 28 U.S.C. § 1332(c)(1). Furthermore, ...

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

The dismissal of a church’s suit was vacated, allowing it to pursue claims against Baltimore County alleging it discriminated against the church on religious grounds in violation of a federal statute and the Constitution by denying it permission to operate ...

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

Where a church’s petition to operate on property made substantial efforts to comply with the applicable zoning laws and was not opposed by the relevant authorities, the denial of the petition after objections from the surrounding community constituted religious discrimination. ...

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

Evidence from defendant’s cellphone should have been suppressed at trial because the police did not have a reasonable justification for their delay in obtaining a search warrant, but hearsay testimony was properly admitted because the defendant actively caused the declarant ...

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

A stormwater utility charge imposed by the City of Roanoke was considered a fee, rather than a tax, even though the charge was enacted by the legislature, applied to a large group of landowners and benefited the public at large, ...

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

A man convicted of felony abduction in 2012 won vacation of a removal order based on the court’s finding that he was admitted to the United States in 2002, and the felony removal statute requires the crime be committed within ...

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

The district court did not err in increasing the sentence of a defendant who argued that the good behavior requirement of his prior sentence is not a “criminal justice sentence” because it lacks a custodial or supervisory component. Virginia law ...

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

In a case where the defendant filed his latest appeal in 2013, the court found his erroneous designation as a career offender required the district court to sentence him to between 262 and 327 months under then mandatory Sentencing Guidelines ...

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

Evidence was sufficient to convict a former Norfolk city councilman who had been involved in numerous quid pro quo relationships with local developers for many years. The district court also did not err in declining to grant a new trial. ...

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

Even valid appeal waivers in plea agreements do not necessarily bar claims that the factual basis for a guilty plea is insufficient. In this case, however, the stipulated factual basis and other affirmations by the defendant provided enough support for ...

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