The 4th U.S. Circuit Court of Appeals has affirmed a products liability and warranty judgment obtained by a non-profit eye bank against two suppliers of eyewash that was later revealed to be contaminated, rendering any recovered tissue unusable. The district ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Barbara Milano Keenan Products Liability

Where a company sued for allegedly providing contaminated eyewash argued that sophisticated purchasers would not reasonably assume it was the manufacturer, because it was listed on the eyewash bottles only as a “distributor,” that argument failed. The eyewash bottle and ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Barbara Milano Keenan Products Liability

Where the district court imposed special conditions on a man convicted of numerous child pornography crimes, including lifetime computer, adult pornography and video game bans, but it failed to provide a particularized explanation for the special conditions, it must do ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan

Where the parties to a share purchase agreement agreed that New York would be the exclusive forum for disputes, the suit was transferred to the Southern District of New York. Although the seller argued that the suit could remain in ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Barbara Milano Keenan

Where a charter school’s dress code required girls to wear skirts, that rule violated the Equal Protection Clause of the 14th Amendment and subjected the girls to discrimination and denied them the full benefits of education in violation of Title ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Barbara Milano Keenan

Where a West Virginia business closed two of its art studio locations because of the governor’s Covid-19 executive order, its claim for lost business income and other expenses was denied because there was no material destruction or harm to its ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Barbara Milano Keenan

Exigent circumstances supported a warrantless request to a cellphone provider for a “ping” of the defendant’s cellphone, the 4th U.S. Circuit Court has held in a matter of first impression. Prosecutors had argued the man’s violent criminal history and armed ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Law Judge Barbara Milano Keenan Search and seizure

Where the defendant’s former girlfriend told police he had broken into her home, was armed and threatened to kill her, her family or law enforcement; the police found her credible; and the defendant had a violent criminal history, exigent circumstances ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan

Where a West Virginia statute governing the order in which candidates’ names appear on state election ballots was neutral and nondiscriminatory, and any modest burden on the Democratic Party’s rights was justified by the state’s interests in promoting efficiency and ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Barbara Milano Keenan

Where two Maryland taxpayers alleged a Montgomery County cash-assistance program that pays residents, including foreign nationals in the country without documentation, violates a federal statute that prohibits undocumented persons from receiving state and local benefits, the suit was dismissed because ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Barbara Milano Keenan