Where an antiabortion organization challenged a Charlotte picketing ordinance, and the city then agreed to a consent order that allowed the organization to distribute literature outside an abortion clinic, the organization was entitled to recover its attorney’s fees as a ...

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

Where a company argued that an employee’s Family and Medical Leave Act, or FMLA, claim failed because the statute required him to use the company’s “usual and customary notice and procedural requirements for requesting leave,” and he used Facebook Messenger ...

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

Where an HVAC contractor manifested its intent to be bound by a collective bargaining agreement, it was liable for an exit contribution required under § 515 of the Employee Retirement Income Security Act of 1974, or ERISA, and that same ...

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

Where the sentencing court denied a defendant’s motion to modify eight of his supervised-released conditions because he provided no basis for modification, but two of the conditions, involving restrictions on a sex offender’s internet use, were altered by subsequent Supreme ...

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

Where a man challenged his inclusion in the Terrorism Screening Database and the No Fly List, but the government has now removed him from the No Fly List and avowed that it won’t reinstate him based on currently available information, ...

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

Where a jury found two companies’ statements about probiotics constituted false advertising, the district court enjoined them from making certain statements about the products. But when they violated that order, the court did not err in holding the companies in ...

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

Where a detainee sentenced to death for killing a police officer established that his defense counsel were deficient for not objecting to evidence about prison conditions during the penalty phase, but the state court’s conclusion that he failed to show ...

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

Where 28 U.S.C. § 636(c) provides a magistrate judge with jurisdiction to approve a class action and enter judgment only by consent of the parties, the court, in a case of first impression, joined every other circuit to address the ...

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

Where the discovery procedures of the Foreign Intelligence Surveillance Act, or FISA, didn’t apply to Wikimedia’s suit against the National Security Agency, or NSA, alleging the agency is spying on Wikimedia’s communications through its Upstream surveillance program, the suit was ...

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

Where an insurance carrier told an injured party that a certain person was “responsible” for the accident, that wasn’t an affirmative misrepresentation because that person held the insurance policy responding to the accident. Where the injured party could have ascertained ...

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