An emergency room physician convicted of filing false income tax returns by using the “Anderson’s Ark and Associates” plan to avoid current tax liability and “recapture” prior tax payments, is not entitled to post-conviction relief on the ground that his ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

An employee who broke both legs while exiting a commuter train and who was treated with multiple surgeries, bed rest, pain medication and physical therapy may sue on a claim that his temporary impairment qualifies as a disability under the ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Diana Gribbon Motz

A defendant charged with bank robbery did not have a right to testify in narrative form, and the district court did not err in forcing him to choose between his right to testify in his own defense and his right ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

A family who alleges their home was infested with bed bugs from a bed rented from defendant company is required to arbitrate their breach of warranty claim under the Magnuson-Moss Warranty Act; although the district court erred in holding that ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Diana Gribbon Motz

A defendant’s payouts as a return on investment to two early investors in his Ponzi scheme were “essential expenses” of his underlying fraudulent scheme and the 4th Circuit vacates defendant’s money-laundering convictions based on these payments, but affirms defendant’s securities ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

Although defendant bank may well have violated the Equal Credit Opportunity Act by requiring plaintiff wife to sign as an unlimited guarantor without first determining that her husband was not creditworthy, wife waived her ECOA claim when she executed loan ...

Tagged with: 4th U.S. Circuit Court of Appeals Creditor's Rights Judge Diana Gribbon Motz

A Mexican national who alleges he entered the U.S. illegally in 1995 and was turned away by INS officers when he returned to the U.S. in 2001 after going to Mexico for his father’s funeral, only to re-enter illegally several ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Diana Gribbon Motz

A Russian citizen’s claim that an immigration official erroneously advised she could file for a marriage-based green card directly with the U.S. Customs and Immigration Services even though her asylum appeal was currently pending does not support  equitable tolling of ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Diana Gribbon Motz

Adoptive parents whose subsidy under the federal Adoption Assistance and Child Welfare Act was reduced by the South Carolina Department of Social Services during a 2002 state budget crisis and not readjusted upward in 2004, when the corresponding foster care ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Diana Gribbon Motz

A cocaine defendant whose sentence was reduced from life in prison to 405 months, then to 327 months, has his sentence at the high end of the modified guidelines range affirmed by the 4th Circuit. Defendant based his 2008 motion ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz