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

Revocation of defendant’s supervised release did not terminate his supervised release, so the district court had jurisdiction over a violation report filed while defendant was serving his one-month revocation sentence. Furthermore, the 60-month maximum for a term of supervised release ...

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

A divided 4th Circuit panel rejects a petition for review of a Board of Immigration Appeals order finding petitioner, a physician and citizen of India, both removable and inadmissible based on a North Carolina deferred prosecution agreement for computer solicitation ...

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

Two patrons, members of a local Cherokee tribe, who visited defendants’ Cherokee Bear Zoo had standing to sue the zoo and its owners under the Endangered Species Act for the zoo’s “taking” of its grizzly bears by housing the bears ...

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

Although related False Claims Act suits against defendant Halliburton and other defense contractors were dismissed by two other federal courts and this particular relator’s FCA complaint had been amended, the “first-to-file” rule for bringing FCA action nevertheless required dismissal of ...

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

An order of restitution for a defendant convicted of interference with flight crew members for rushing a plane’s cockpit 45 seconds after takeoff is governed by the Victim and Witness Protection Act, and the 4th Circuit vacates the district court’s ...

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