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Whistleblower pleading standard clarified by court
Direct evidence of government payment and receipt of fraudulent services must be alleged at the pleading stage for a qui tam action to survive a motion to dismiss, the 4th U.S. Circuit Court of Appeals has ruled. Despite this, a former United Airlines employee and government whistleblower’s case has been sent back to the district […]
4th Cir.: $150,000 sanction on counsel, firms upheld
Attorneys’ “egregious” conduct was designed to, and did, mislead the district court, the 4th Circuit affirmed. They challenged the authenticity of a loan agreement for two years before revealing that they possessed an identical copy, obtained from their client, before filing the complaint. Their firms ratified their conduct and were thus jointly liable, though an […]
4th Cir.: Local bankruptcy court rule held invalid
The Eastern District of Virginia’s Local Bankruptcy Rule 3070-1(C), which allows for dismissal without hearing, conflicts with the requirements of 11 U.S.C. § 1307. Background In January 2017, the Eastern District’s bankruptcy trustee certified under Local Bankruptcy Rule 3070-1(C) that Debtor-Appellant Sarah No had failed to commence timely payments under her bankruptcy plan as required [&he[...]
4th Cir.: Local bankruptcy court rule held invalid
The Eastern District’s Local Bankruptcy Rule 3070-1(C), which allows for dismissal without hearing, conflicts with the requirements of 11 U.S.C. § 1307. Background In January 2017, the bankruptcy trustee certified under Local Bankruptcy Rule 3070-1(C) that Debtor-Appellant Sarah No had failed to commence timely payments under her bankruptcy plan as required by 11 U.S.C. § […]
4th Cir.: In sentencing, conspiracy not a “crime of violence”
A defendant’s prior conviction for conspiracy to commit murder in aid of racketeering did not necessarily establish that he’d committed a “crime of violence” for purposes of federal sentence enhancement. Because conspiracy in the racketeering context does not require an overt act while “generic” conspiracy does so require, the defendant’s conviction was broader than the […]
4th Cir.: No vicarious liability for sellers’ TCPA misconduct
Even though discovery was still open at the trial level, class-action plaintiffs could not present evidence creating a triable dispute about whether security-system manufacturers were vicariously liable for retailers’ TCPA violations. Background Appellee UTC Fire & Security Americas Corp. sold home-security systems to distributors, which then took full title to the product for reselling to [[...]
No CAFA removal for “additional counter-defendants”
Where an original defendant makes counterclaims naming additional parties as counter-defendants, those additional parties are not entitled to remove the claims against them to federal court even under the permissive standards of the Class Action Fairness Act. Original Plaintiff Citibank, N.A., filed a debt-collection action against Defendant/Appellee George W. Jackson in North Carolina state court[...]
BIA’s asylum rejection not adequately explained
The court of appeals vacated a decision of the Board of Immigration Appeals to deny Petitioner Felipe de Jesus Molina Mendoza’s request for asylum, finding that the tribunals below failed to show that they fairly considered all of the relevant evidence. Mendoza, who was born in Mexico in 1991, was mistreated for being gay from […]
“Whistleblower’s” Disclosures Not Protected; Termination Warranted
Appellant William C. O’Hara, a federal contractor’s former employee, did not make protected disclosures of fraud to the contracting agency and, based on his work performance, would have been terminated from employment notwithstanding such disclosures. After winning a contract with the National Institute of Standards and Technology to design and estimate costs for several new […]
Partial Dirt-for-Debt – Valuation – Appeals – Post-Petition Interest Adjustment
Bate Land Co. LP v. Bate Land & Timber LLC (VLW No. 017-2-211, 21 pp.) (Duncan, J.) 16-2037; Dec. 6, 2017; USDC at Wilmington, N.C. (Boyle, J.) 4th Cir. Holding: The bankruptcy court has specialized expertise in valuing property, and the bankruptcy court in this case developed an exhaustive record as to the value of […]
No Resentencing Based on USSG Residual Clause
A drug defendant sentenced as a career offender under the federal sentencing guidelines cannot show his motion for resentencing under Johnson v. U.S. is timely, as the Supreme Court has not recognized that Johnson and its progeny can be applied to career offender status under the sentencing guidelines; the 4th Circuit affirms dismissal of defendant’s […]
Citizenship Evidence Questioned for Removal
In this class action suit alleging plaintiff purchased two Samsung Galaxy S4 cell phones that could only operate on a Code Division Multiple Access network, which defendant Cricket Communications was shutting down, the district court erred in remanding the case under the Class Action Fairness Act; the 4th Circuit orders reconsideration of the issue of […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
