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 ...

Tagged with: 4th U.S. Circuit Court of Appeals News Judge Allyson K. Duncan Judge Barbara Milano Keenan Whistleblower

Because New York’s robbery statute required the use or threatened use of violent physical force, the defendant’s prior conviction for first degree robbery in New York was sufficient to impose the career offender sentencing enhancement under the Sentencing Guidelines. Background ...

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

The delegation clause in the credit card agreement “clearly and unmistakably” places questions of arbitrability within the province of the arbitrator, and the district court erred in denying a motion to compel arbitration of a claim that the credit company ...

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

A woman’s loss of an opportunity to earn overtime, which was a significant portion of her earnings, could be an adverse employment action sufficient to support a claim for retaliation, and her hostile work environment and retaliation suit is remanded. ...

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

The district court did not err in increasing the defendant’s base offense level because of two prior convictions. Background In 2016, Allen pleaded guilty to the unlawful possession of firearms by a convicted felon. The probation officer prepared a presentence ...

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

A mobile home park may have violated the Fair Housing Act by requiring residents to provide proof of their legal residency in the United States, the 4th U.S. Circuit Court of Appeals has ruled. Four Latino families allege that the ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Barbara Milano Keenan Judge Henry F. Floyd Judge James A. Wynn Jr. Judge T.S. Ellis III

Race predominated over traditional districting factors in construction of 11 challenged Virginia House of Delegates districts. This use of race was not narrowly tailored to achieve the interest of complying with the Voting Rights Act. Thus, the district divisions are ...

Tagged with: Civil Rights Constitutional Elections Equal Protection Judge Barbara Milano Keenan Judge Panel U.S. District Court - Eastern District

Bethune-Hill v. Va. St. Bd. of Elections, Case No. 3:14cv852, June 26, 2018. EDVA at Richmond (panel). VLW No. 018-3-262, 188 pp. Download Full-Text Opinion

Tagged with: Judge Arenda L. Wright Allen Judge Barbara Milano Keenan Judge Robert E. Payne

On an issue of first impression in this circuit, plaintiffs in citizen suits under the Clean Water Act must allege a “direct hydrological connection” between ground water and navigable waters in order to state a claim for a discharge of ...

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

In the corporate world, “pierce” and “veil” are words you don’t want to hear. The whole point of forming a corporation is to avoid individual liability. And so having a judge lift a corporation’s veil of protections to hold the ...

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