Where the debtors filed suit within one year of the defendant’s alleged violations of the Fair Debt Collection Practices Act, it was timely. Because the statute of limitations runs from the date of each “violation,” the fact the defendant had ...

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

A sentencing enhancement for use of a dangerous weapon in an assault on law enforcement officers could not be based on the defendant’s attempted but unsuccessful use of his teeth and skull to bite and “head butt” the police. Background ...

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

In a case involving a farm warehouse fire, where the carrier’s denial of full coverage was not supported by the case law, the policy language or the facts, the family farm was entitled to recover its prejudgment interest on the ...

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

The case of first impression held that despite a bankruptcy code section providing that exempt property cannot be used to satisfy a debtor’s prepetition debts, the tax code makes clear the government’s right to set-off a tax overpayment against a ...

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

Nothing in the language of 18 U.S.C. § 1959, which imposes criminal penalties for committing “violent crimes in aid of racketeering activity,” or VICAR, requires an analysis of whether the state offense is a “categorical match” to the federal offense. ...

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

Where there was no explanation for why a defendant convicted of transporting and possessing child pornography was barred from using an electronic device to access the internet, and from maintaining a social networking account without prior approval from his probation ...

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

Where a juror reported possible intimidation, including being photographed by family members or friends of the defendants, it was reversible error for the district court to not question the jurors directly and to only focus on whether there were photographs ...

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

Where the company advertised the site manager’s position immediately after she made a sexual harassment complaint, terminated her employment based upon the timing of the allegation and may have treated the alleged harasser more favorably, a jury could conclude the ...

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

Where the magistrate judge failed to advise the defendant of his potential exposure to a 15-year mandatory minimum sentence by pleading guilty to possession of a firearm by a felon, and the defendant demonstrated there was a “reasonable probability” he ...

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

Where the NAACP’s Enumeration Clause challenge to the “methods and means” to be used in the 2020 census was ripe by the time it sought leave to reintroduce the claims in February 2019, the district court’s contrary conclusion was legal ...

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