Four former owners of a trucking business who sold their stake to a company that in turn sold it to another buyer, without following through on an agreement to pay taxes the former owners owed on the sale proceeds, do ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Andre M. Davis Taxation

Meyer, a manufacturer of “Anolon Advanced” cookware, wins its suit alleging trade dress infringement and violation of North Carolina unfair trade practices law against defendant Belk department store, which sold a private-label cookware that was “deceptively similar”; the 4th Circuit ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge Andre M. Davis

Lawyers who used FOIA requests to the South Carolina DMV to find plaintiff car buyers for a potential class action against car dealers for collection of unlawful fees did not violate a federal privacy statute that protects drivers’ personal information; ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Andre M. Davis

The state’s share of a personal injury settlement with expenses paid by Medicaid must be based on evidence of those medical expenses and not on a commonly used one-third allocation, the 4th U.S. Circuit Court of Appeals has ruled. The ...

Tagged with: Federal Courts Judge Andre M. Davis Personal Injury

North Carolina’s third-party liability statutes, under which it asserts a lien for one-third of an infant Medicaid recipient’s $2.9 million med-mal settlement, do not comply with federal Medicaid law, which limits a state’s recovery to past medical expenses, and the ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Andre M. Davis

In this dispute between AT&T Mobility and local exchange carriers that provide telephone service in rural North Carolina, the 4th Circuit affirms a district court decision upholding the North Carolina Utilities Commission’s order governing the terms of the parties’ interconnection ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Andre M. Davis

Although plaintiff communications company, which registered the Agrinet service mark in 1972 and has used it for radio broadcast of farm news, acknowledges it permitted certain uses of the Agrinet mark in some local markets by predecessors of defendant Clear ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge Andre M. Davis

The 4th Circuit says a trial court erred in sentencing a mother and daughter who pleaded guilty to conspiracy to distribute the mother’s prescription oxycodone pills, because the district court did not adequately explain its methodology for calculating drug quantity ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Andre M. Davis

A police officer who questioned a pickup passenger’s alien legal residence card during a routine traffic stop did not violate the passenger’s Fourth Amendment rights when he extended the stop to call the local customs office to check the validity ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Andre M. Davis Search & Seizure

In sentencing defendant for possession of a firearm as a convicted felon, a district court could not use an unincorporated “statement of probable cause” to establish a prior assault conviction as a “crime of violence” in order to enhance defendant’s ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Andre M. Davis