Where a Black Annapolis police officer was diagnosed with a permanent knee impairment that rendered him disabled, he offered no evidence to support his race bias claim and his failure to accommodate claim failed because disability retirement isn’t a reasonable ...

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

Where the record was replete with evidence the applicant was illiterate and disabled, the administrative law judge erred in concluding he had a “marginal education” and could perform medium work. He was awarded “long overdue” benefits. Background Antonio Bilotta appeals ...

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

After a jury determined the merger of two manufacturers in the American doorskin market violated the Clayton Antitrust Act, the remedy included unwinding the merger and ordering the sale of the acquired company.  Background JELD-WEN Inc. acquired a competitor, CMI, ...

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

Where NIKE stopped an advertising campaign after the district court found it infringed on Fleet Feet’s trademarks, NIKE’s cessation of the campaign mooted its appeal of the preliminary injunction. Background In 2019, NIKE Inc., NIKE USA Inc. and NIKE Retail ...

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

Because an inmate challenging a policy requiring him to cut his dreadlocks, which he kept in accordance with his Rastafarian faith, introduced evidence showing that his religious beliefs are sincere, the district court must consider whether the policy is “the ...

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

Where the parties in a dispute over whether a fax was an unsolicited advertisement never briefed what level of deference should be afforded a 2006 FCC rule interpreting what constitutes an “advertisement” under the Telephone Consumer Protection Act, the case ...

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

A rule promulgated by the Department of Health and Human Services, prohibiting physicians and other providers in Title X programs from referring patients for an abortion and imposing other requirements on entities receiving Title X funds, was enjoined. HHS inadequately ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Albert Diaz Judge J. Harvie Wilkinson III Judge Julius N. Richardson Judge Stephanie Dawn Thacker

Where defendants’ compromise statements were erroneously admitted to prove the validity of the plaintiff’s claim for a commission on the sale of industrial property, and the error was not harmless, the defendants were entitled to a new trial. Background A ...

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

Where Facebook claimed a Black employee was not promoted because his white co-worker exhibited better skills, but the promotion decision was influenced by someone who exhibited racism, and there was evidence the plaintiff was more qualified, a jury will decide ...

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

Where the policy was ambiguous on whether the plaintiffs were named insureds, it was construed against the carrier, as the drafter. As such, the policyholder, who had been involved in a motorcycle accident, was entitled to underinsured motorist, or UIM, ...

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