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Tag Archives: Judge Henry F. Floyd

Requiring proof of residency may be Fair Housing violation (access required)

4tth Circuit Seal FEA

A mobile home park may have violated the Fair Housing Act by requiring residents to provide proof of their legal residency in the United States, the 4th U.S. Circuit Court of Appeals has ruled. Four Latino families allege that the ...

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4th Cir.: Vets’ tort claims against contractor not justiciable (access required)

Waste and water management systems in Iraq and Afghanistan were operationally controlled by the military, not its contractor. Thus, mass tort claims for harms caused by the contractors’ alleged environmental mismanagement were barred by the political question doctrine. Background As ...

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4th Cir.: High defamation standard applies to school board employee (access required)

Based on her responsibilities as set forth in the Virginia Code, a school board’s Director of Budget & Finance was a “public official” who had to show actual malice to prove that a TV news station defamed her. She failed ...

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4th Cir.: Preponderance standard governs Lanham Act fees (access required)

As in the Patent Act, a party prevailing on a Lanham Act claim need only prove an “exceptional” case meriting a fee award by a preponderance of the evidence. And no showing of bad faith is required. Background Appellant XYZ.com ...

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4th Cir.: Court debtors’ challenge to driving suspension remanded (access required)

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. The ...

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Bon Mots: April 2018 Edition (access required)

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.: No combatant immunity for Taliban defendant (access required)

A Taliban fighter’s conviction for conspiring and attempting to destroy a U.S. helicopter in 2009 was subject to the rules of non-international conflict under the Third Geneva Convention, and accordingly U.S. courts could adjudicate and review it. Background Appellant Irek ...

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4th Cir.: Genuine fact disputes revive grill branding litigation (access required)

Regarding its use of the mark “Backyard Grill,” genuine issues of material fact should have prevented the trial court’s conclusion as a matter of law that Walmart was liable for infringement damages of approximately $32.5 million, plus attorneys’ fees and ...

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4th Cir.: ACA contractor was immune from TCPA claim (access required)

A U.S. Department of Health & Human Services contractor that used an auto-dialer to send pre-recorded messages about the availability of health insurance enjoyed derivative sovereign immunity for what may have otherwise been a TCPA violation. Background The Affordable Care ...

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4th Cir.: Conviction, sentence affirmed for bank fraudster (access required)

The district court did not err in any respect in convicting and sentencing a defendant alleged to be the ringleader of a conspiracy to convert funds from Capital One accountholders. Background Between January and April 2012, Appellant Junaidu Savage and ...

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