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

Where the Fourth Circuit joined the Fifth and Sixth Circuits in holding there was jurisdiction to review a Board of Immigration Appeals’ removal decision, in this case that removal of a Mexican citizen would not cause his children “exceptional and ...

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

Where FedEx packages containing cocaine were intentionally addressed to a deceased person, the intended recipient lacked any expectation of privacy because he had no ability to exercise ownership, possession or control of the packages at the time they were searched. ...

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

President Joe Biden has nominated Virginia Solicitor General Toby J. Heytens to a seat on the 4th U.S. Circuit Court of Appeals. Upon confirmation, Heytens would fill the seat of Judge Barbara Milano Keenan, who will take senior status in ...

Tagged with: 4th U.S. Circuit Court of Appeals Joe Biden Judge Barbara Milano Keenan Judges Toby J. Heytens

Where a man who pleaded guilty to conspiracy to commit bank fraud arising out of his involvement in “short sales” and refinancing of three residential properties appealed orders of restitution and forfeiture, his appeals were barred by global appeal and ...

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

Where a male police officer alleged he was terminated based on his sex because the female officer with whom he was romantically involved was not fired, the jury’s $125,000 verdict was overturned as the alleged comparator was not similarly situated. ...

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