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 ...

Tagged with: Judge Henry F. Floyd Judge Jackson L. Kiser Judge Randolph A. Beales Judge Robert J. Humphreys Judge Stephanie Dawn Thacker

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 ...

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

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Intellectual Property Judge Henry F. Floyd

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 ...

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

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 ...

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

A plaintiff could not keep her lawsuit against her insurance company out of federal court because her service of process on a statutory agent didn’t start the clock for noticing removal to federal court. The court also deemed the company ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Insurance Judge Henry F. Floyd Personal Injury

Proving interstate commerce shouldn’t be all that difficult for federal prosecutors in the wake of a decision earlier this month from the 4th U.S. Circuit Court of Appeals. The court in United States v. Ronald Miltier held that the fact ...

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

The court of appeals upheld convictions arising from child pornography files that were not proved to be shared interstate, but were proved to be received on a computer that had been moved between states and between countries. In 2014, FBI ...

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

The court of appeals upheld convictions arising from child pornography files that were not proved to be shared interstate, but were proved to be received on a computer that had been moved between states and between countries. In 2014. FBI ...

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

In an Equal Pay Act case, an employer offering reasons for pay disparities between men and women must show it actually applied those reasons in the wage decision process to avoid liability, the 4th U.S. Circuit Court of Appeals has ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Barbara Milano Keenan Judge Henry F. Floyd Judge J. Harvie Wilkinson III