Where one cardiothoracic surgeon allegedly stated that another cardiothoracic surgeon “misread” or “failed to recognize” the findings on the patient’s echocardiogram before beginning surgery, a jury will decide if the statements were false. Background A cardiothoracic surgeon, Dr. Barbara L. ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Allison Jones Rushing Tort

Where the defendant argued that his state-court sentencing documents did not indisputably show he was convicted for a covered drug offense, but the sentencing sheet referred only to manufacture and possession with intent to distribute, and there was no reason ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allison Jones Rushing

Where a petition seeking review of a negative asylum decision was filed one day too late, it was dismissed. Although the petitioners argued that, because the Board of Immigration Appeals, or BIA, served the order by mail, Federal Rule of ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Allison Jones Rushing

Where the sentencing guidelines provide for a two-level enhancement where the defendant maintains a premises for the purpose of drug distribution, and the record showed the defendant’s access to and control over a house and the drug distribution business operating ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allison Jones Rushing

Although South Carolina failed to produce three pieces of evidence during the defendant’s murder trial where he was convicted and sentenced to death, because the undisclosed evidence was not material, his habeas petition was denied.  Background Marion Bowman was convicted ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allison Jones Rushing

Where a federal district court already rejected a detainee’s challenge to his sentence under 28 U.S.C. § 2255, his reassertion of that same argument in a habeas petition under 28 U.S.C. § 2241 was properly dismissed. Background After the Supreme ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allison Jones Rushing

Where a relator alleged that adult care homes were violating the False Claims Act by billing for personal care services, or PCS, based on a census method, rather than based on the hours their employees actually spent providing PCS to ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Allison Jones Rushing Tort

Where a hospital was granted summary judgment on a claim that it breached the standard of care by failing to timely transfer a patient to another hospital, but the district court erred in its interpretation of West Virginia’s Medical Professional ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Allison Jones Rushing Negligence

Where the former employee of an educational program for at-risk adolescents alleged that he was treated differently than white employees, and included specific factual allegations of the different treatment, that was sufficient to state a claim for race discrimination. Charles ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Allison Jones Rushing

Where an employer retained the right to “change, abolish or modify existing policies, procedures or benefits applicable to employees as it may deem necessary with or without notice,” its motion to compel arbitration of wage and hour claims brought by ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Allison Jones Rushing