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

A majority of the en banc court refused to allow the suspicionless stop of the defendant following a report of “shots fired.” The stop was not justified by exigent circumstances and thus was not reasonable under the Fourth Amendment. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz Judge J. Harvie Wilkinson III Judge James A. Wynn Jr. Judge Julius N. Richardson Judge Roger L. Gregory Judge Stephanie Dawn Thacker

Although a company argued it was improperly held liable for the conduct of an alleged employee because of a faulty jury instruction, the alleged error was harmless. There was “extensive evidence,” independent of the alleged faulty instruction, showing the company ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Judge G. Steven Agee Negligence

A defendant charged with federal illegal reentry from Mexico pleaded guilty to a crime committed during his prior presence in the U.S. The guilty plea waived his right to assert that a six-year delay between the charge and his plea ...

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

A condition of supervised release that requires a total ban on defendant’s viewing of any materials that sexually arouse him, including mainstream media like movies or advertisements, did not run afoul of 18 U.S.C. § 3583(d) because it was meant ...

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

Where the sex offender statute required a jury to determine if a defendant who pleaded guilty to possession of child pornography violated its terms, the statute was not a mere “sentence enhancement,” but instead sets out a separate criminal offense, ...

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