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Tag Archives: Judge Barbara Milano Keenan

Panel urges Fourth Circuit to revisit Massenburg (access required)

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 ...

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New districts for 2019 House of Delegates elections (access required)

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 ...

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High-school unit on Islam did not violate Constitution (access required)

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 ...

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Fraudulent transfer claim still timely after arbitration (access required)

After an arbitration agreement was confirmed, the plaintiff alleged in district court that the consulting company fraudulently transferred assets to its individual owner, leaving no assets to satisfy the judgment. Although the district court dismissed the fraudulent transfer and a ...

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Whistleblower pleading standard clarified by court (access required)

4tth Circuit Seal FEA

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 ...

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New York robbery conviction qualified as ‘crime of violence’ (access required)

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 ...

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Arbitrator should decide whether to arbitrate Fair Credit claim (access required)

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 ...

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Denial of overtime could be adverse employment action (access required)

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. ...

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No error in sentencing defendant for unlawful firearm’s possession (access required)

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 ...

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