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 ...

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

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Defamation Employment First Amendment Judge Henry F. Floyd Personal Injury Tort

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 ...

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

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Constitutional Due Process Equal Protection Judge Henry F. Floyd

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