Where a company licensed the use of a trademark without disclosing that the company itself was under a license to use that mark, and failed to disclose the license at any point during the discovery process, barring the company from ...

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

While members of the Double Nine Goon Syndikate failed in their challenge to their convictions because the district court did not err in empaneling an anonymous jury, in its evidentiary rulings or in its jury instructions, four of the defendants ...

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

A company president is not personally responsible for a multi-million dollar judgment because he was never personally named in the complaint. However, the president might be liable for sanctions because of his conduct during the discovery. Background In December 2010, ...

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

A defendant properly received a sentencing enhancement under the Armed Career Criminal Act, or ACCA, because his prior state convictions for common law robbery and accessory before the fact of armed robbery both qualify as violent felonies. Background In 2009, ...

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

Where the government allowed a jury to be empaneled and began presenting testimony despite the fact that a subpoenaed witness had not appeared in court, as required, for the first two days of trial, and a mistrial was granted on ...

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

A subcontractor that alleged a prime contractor for the Air Force conspired with another company to deprive it of work failed to establish tortious interference and aiding and abetting claims. The case was remanded. Background In 2004, the Air Force ...

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

A defendant who was incorrectly informed about the potential sentence if he pleaded guilty, which the government conceded was plain error, nevertheless failed to demonstrate the admitted error affected his substantial rights under a binding Fourth Circuit decision that imposes ...

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

The majority of the panel accepted new districts proposed by the court-appointed special master whose methodology suggests the voting rights of black voters would not be diluted. Eleven districts had been held as racial gerrymanders in violation of the Equal ...

Tagged with: Constitutional Judge Barbara Milano Keenan U.S. District Court - Eastern District

A school did not violate the Establishment or Free Speech clauses by presenting an 11th-grade history unit that provided information about Islam, and tested a student’s understanding of that knowledge through a test. Background During the 2014-2015 school year, Caleigh ...

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

A claim to collect on a state court judgment is not precluded by the doctrine of res judicata in cases where the claim could not have been brought at the time of prior litigation, the 4th U.S. Circuit Court of ...

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