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Tag Archives: Judge Diana Gribbon Motz

Bon Mots: March 2018 Edition

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

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4th Cir.: Exclusionary rule applies only after egregious conduct (access required)

In civil deportation proceedings, the exclusionary rule’s predicate of “egregious” – not merely unreasonable – Fourth Amendment violations by federal officers also applies to conduct by state and local officers. Background In 2009, Maryland Transportation Authority Police Officer Acker stopped ...

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4th Cir.: Song lyric as Facebook status was party admission (access required)

In a firearms-possession case, the defendant’s Facebook post adopted the admission: “It’s Always Tucked, Kuz I’ll B Damn If My Life Get Took!!” The phrase closely mirrored a song lyric, but contained no attribution and was probative of the conduct ...

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4th Cir.: Court could hear U.S. contractor suit against Korea (access required)

This appeal arose from a contract dispute between Appellee BAE Systems Technology Solutions & Services Inc., a U.S. defense contractor, and Appellant Republic of Korea and its Defense Acquisition Program Administration. BAE sought a declaratory judgment that it had not ...

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4th Cir.: Agency head has qualified, not absolute, immunity (access required)

The former head of a Virginia agency, sued in her personal capacity for failure to manage patient intake at state mental health hospitals, was entitled to qualified immunity because prisons are not per se unable to safely care for mentally ...

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4th Cir.: Decision reserving judgment was not “final” (access required)

A written decision resulting from the parties’ agreed-upon dispute-resolution process was not a “final” decision under the Federal Arbitration Act because it reserved the decision-maker’s right – without time limitation – to change the decision if its underlying assumptions proved ...

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4th Cir.: Intervenor’s claim to seized cash not plausible (access required)

A man alleging that $200,000 found in a storage unit was his life savings did not have standing to claim it in a civil-forfeiture proceeding, as his financial difficulties contradicted his ability to save such a sum. Background In 2014, ...

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4th Cir.: Intervenor’s claim to seized cash not plausible (access required)

A man alleging that $200,000 found in a storage unit was his life savings did not have standing to claim it in a civil-forfeiture proceeding, as his financial difficulties contradicted his ability to save such a sum. Background In 2014, ...

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Negligence can’t sustain contributory infringement (access required)

Although an ISP’s “13-strike policy” did not qualify for safe harbor in a music copyright infringement suit, the court of appeals remanded for a new trial due to a jury instruction that erroneously suggested contributory liability could be based on ...

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