Where the record showed that a coal miner developed black lung disease more than two years before he filed suit, even though the disease was not identified until later, the suit was barred by Virginia’s two-year statute of limitations. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Henry F. Floyd Products Liability

A majority of the judges concurred in denying an en banc rehearing of a decision finding the school board violated Title IX and the Equal Protection Clause by requiring students to use bathrooms matching their “biological gender” and refusing to ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Henry F. Floyd

The Gloucester County School Board’s policy requiring students to use bathrooms matching their “biological gender,” and its refusal to amend a student’s records to reflect his gender identity after his transition, were not substantially related to important governmental interests and ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Henry F. Floyd

Where an FBI attaché interviewed the defendant about his association with the Islamic State of Iraq without providing him Miranda warnings, and a different team of FBI agents interviewed him 10 days later after giving Miranda warnings, there was no ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allison Jones Rushing Judge Henry F. Floyd

Where a search warrant issued in the course of a murder investigation specifically identified the computer to be searched, the items to be seized and the reasons for the search and seizure, the motion to suppress child pornography found on ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd Judge William B. Traxler Jr.

Charges against a Virginia man who was subjected to a warrantless search and seizure will be dropped after a full panel of the 4th U.S. Circuit Court of Appeals ruled that the search violated in the Fourth Amendment in a ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd Judge J. Harvie Wilkinson III Judge Julius N. Richardson Search and seizure

“This has to stop.” With just four words, the 4th U.S. Circuit Court of Appeals has laid down a marker. The court was reviewing the case of a black homeless man in West Virginia who was stopped by a police ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Henry F. Floyd Police

A reasonable jury could find a black homeless man who had been stopped for walking alongside, instead of on, the sidewalk, and who was shot 22 times by West Virginia police officers had been secured, or at a minimum was ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Henry F. Floyd

Although AutoZone remained liable for compensatory damages awarded to a former employee because of sexual harassment by a co-worker, the punitive damages award was vacated because there was insufficient evidence his managers engaged in intentionally discriminatory practices themselves with malice ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Henry F. Floyd

First, any Sentencing Guidelines error deemed retroactive must be corrected in a First Step Act resentencing. Second, the factors in 18 U.S.C. § 3553(a) apply to resentencing. Third, the resentencing court has discretion to vary from the Guidelines and may ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd