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: Judge Barbara Milano Keenan Res Judicata

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 ...

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

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: 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