Where recent Supreme Court and Fourth Circuit decisions hold that conspiracy to commit Hobbs Act robbery cannot serve as a valid predicate crime of violence for a § 924(c) charge, the defendant’s 84-month sentence was vacated and resentencing was ordered ...

Tagged with: Criminal Judge Henry E. Hudson U.S. District Court - Eastern District

A defendant charged with intent to distribute a substance containing a detectible amount of cocaine lacked standing to challenge the search of a residence because the house was used for dealing drugs and individuals present for a business expectancy do ...

Tagged with: Criminal Judge Henry E. Hudson U.S. District Court - Eastern District

Where a provider of background check reports was sued for allegedly including accurate criminal information and the plaintiffs attempted to hold it liable as a publisher, the suit was barred by 47 U.S.C. § 230 of the Communications Decency Act ...

Tagged with: Consumer Protection Judge Henry E. Hudson U.S. District Court - Eastern District

Where a special education teacher alleged a sexually hostile work environment based on unwelcome touching by an intellectually challenged second grade student, because the child was incapable of distinguishing based on sex, the touching was not severe or pervasive and ...

Tagged with: Employment Judge Henry E. Hudson U.S. District Court - Eastern District

Where Skillets’ insurer denied the restaurant chain reimbursement for COVID-19 related losses, neither the virus nor the Florida governor’s closure orders constituted a direct physical loss under an all-risk policy interpreted by Florida law because neither physically altered the restaurants. ...

Tagged with: Insurance Judge Henry E. Hudson U.S. District Court - Eastern District

Where a shopper suing Walmart for injuries suffered when a box fell on her initially sought $75,000 in damages in state court and then moved to increase her ad damnum amount, Walmart properly removed the case on the basis of ...

Tagged with: Judge Henry E. Hudson Negligence U.S. District Court - Eastern District

Where the insurance carrier for a medical practice sought a declaration that the doctor’s alleged modification of medical records violated coverage conditions and thus it had no duty to defend the underlying medical malpractice suit, the coverage suit was dismissed. ...

Tagged with: Insurance Judge Henry E. Hudson U.S. District Court - Eastern District

Where a bus driver rose out of her seat, approached a teenage student, loudly shouted and waved her arms and blocked the student’s exit from the bus, the driver’s malicious prosecution claim failed because probable cause existed to arrest her ...

Tagged with: Civil Rights Judge Henry E. Hudson U.S. District Court - Eastern District

Where Lyft timely moved to compel arbitration, its agreement with a former Lyft consultant was enforceable and any arguments about the scope of the agreement are to be decided by the arbitrator, the consultant’s breach of contract and employment claims ...

Tagged with: Employment Discrimination Judge Henry E. Hudson U.S. District Court - Eastern District

Where exotic dancers claimed they were not compensated for working more than 40 hours per week, and managers alleged their time sheets were altered to prevent them from being compensated in excess of 40 hours, they plausibly alleged violations of ...

Tagged with: Employment Judge Henry E. Hudson U.S. District Court - Eastern District