By Bill Cresenzo BridgeTower Media Newswires An insurance company that denied benefits to a disabled plant manager in the face of overwhelming evidence of his total disability has been rebuked sharply by the 4th U.S. Circuit Court of Appeals, which ...

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

A life insurance carrier could not ignore the opinions of every doctor who examined a former employee and found that strokes and other health problems meant he would never be able to work again, in favor of its own consultant, ...

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

The fraud claims of Chinese investors who each invested approximately $500,000 in a start-up car company without reading the underlying investment documents were dismissed because the investors could not have justifiably relied on stray misstatements made by the company’s founders ...

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

A satellite television provider is responsible for a $61 million judgment because its outside sales agent violated the Telephone Consumer Protection Act, or TCPA, by calling persons on the national Do-Not-Call registry. Background Dr. Thomas Krakauer brought suit against Dish ...

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

A defendant who pleaded guilty to taking custodial indecent liberties with a child, a felony under Virginia law, was deportable under the Immigration and Nationality Act because the offense categorically qualified as the aggravated felony of sexual abuse of a ...

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

An individual who received grand jury subpoenas seeking financial records for his companies, and who then provided false records to a United States Attorney, could not argue he intended merely to influence the U.S. Attorney’s Office, and not the grand ...

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

The Environmental Protection Agency was not required to accept a standard proposed by a wastewater treatment plant that utilized an older methodology previously used by the EPA. Moreover, the EPA’s decision to examine the standard using the most innovative technology ...

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

The Department of Education will not face a suit from a borrower alleging the department violated the Fair Credit Reporting Act by not conducting an investigation into the borrower’s dispute because the department has not waived its sovereign immunity against ...

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

Plaintiffs who prevailed on their contract claim against the defendant and were awarded more than $28 million in damages could not now sue the same defendant for essentially, fraudulently breaching the contract. Because the gravamen of the suit sounded in ...

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

Although the defendant’s original plea agreement mistakenly sentenced him as an armed career criminal, it was not necessary to reduce his sentence on the other counts as the sentence given on those counts still upheld the benefits the defendant bargained ...

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