Where a Dutch entity based in the Netherlands argued the North Carolina district court impermissibly applied United States and North Carolina law extraterritorially when it preliminarily enjoined certain conduct, but the injunction addressed conduct affecting American customers, the argument failed. ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge J. Harvie Wilkinson III

Where a defendant argued that the government failed to establish his prior conviction for criminal domestic violence, or CDV, was imposed “upon adjudication of guilt,” but he did not make any showing in the district court that this information in ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

Where an insurer sued for allegedly reporting false medical information about a man, causing him to become uninsurable, litigated the entire case under the substantive law of North Carolina, it waived any argument that Connecticut law applied to the dispute. ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge J. Harvie Wilkinson III

A deaf man who sued a hospital after it failed to provide him with an interpreter during his wife’s childbirth had his disability discrimination lawsuit reinstated by the 4th U.S. Circuit Court of Appeals. The Fourth Circuit reversed the decision ...

Tagged with: 4th U.S. Circuit Court of Appeals Americans with Disabilities Act Judge J. Harvie Wilkinson III Tort

Where a deaf man alleged that hospital employees knew of a substantial likelihood that he would be unable to communicate without an appropriate auxiliary aid during his child’s birth, yet still made a conscious choice not to provide one, his ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Tort

Although the manufacturer of flavored electronic cigarettes argued that the Food and Drug Administration, or FDA, changed the standard and the types of evidence required for approval, the court joined the majority of circuits in finding that FDA neither changed ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge J. Harvie Wilkinson III

Where the defendant moved under the First Step Act to have his felony conviction reclassified as a misdemeanor so that he could escape the collateral consequences of the felony conviction, his motion was denied. The text of the First Step ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

Where a company offered no quantitative metrics, qualitative comparisons or other specifics to bolster its claims of “competency” and “flexibility,” those boasts reflected the natural role that puffery can play in contract formation and did not support a claim for ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Securities

Where the record showed that several individuals made half a dozen material misrepresentations in connection with a telemarketing scam, and that consumers were misled as a result, the verdicts for violations of the Federal Trade Commission Act and the Telemarketing ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge J. Harvie Wilkinson III

Where an immigrant from El Salvador failed to show that she was persecuted on account of her membership in a particular social group, the Board of Immigration Appeals, or BIA, did not err in denying her petition for asylum or ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge J. Harvie Wilkinson III