A defendant who fenced stolen goods from a series of robberies in which a coconspirator used a firearm can be convicted under the Pinkerton doctrine of brandishing a firearm based on defendant’s role in the robberies; however, the 4th Circuit ...

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

A claimant who was awarded benefits under the Longshore and Harbor Workers’ Compensation Act for his binaural hearing loss is not entitled to attorney’s fees under 33 U.S.C. § 928 because the employer used the “safe harbor” of partial payment ...

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

Although a foreign service officer moving to Jordan said he did not know the Arms Export Control Act applied to the 366 pounds of ammunition he was attempting to ship to his new posting, or that the shipment was a ...

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

A coal company’s failure to disclose two pathologists’ reports diagnosing a miner’s  “complicated pneumoconiosis” to the company’s expert pathologists, thereby depriving the miner and his widow of a decade’s worth of black lung benefits, did not amount to a fraud ...

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

A search warrant for a robbery suspect’s residence directing officers to seize “indicia of occupancy” covered a sales receipt for a $461 Louis Vuitton belt with a variant of defendant’s name, found in a bag in his bedroom, and the ...

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

A plaintiff who earlier won legal protection for his drawings of an image like the “Flying B” logo briefly used by the Baltimore Ravens pro football team loses his suit to enjoin the team’s use of the logo in three ...

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

The 4th Circuit refuses to order the Internal Revenue Service to bargain with representatives of the National Treasury Employees Union over granting probationary employees the right to use grievance procedures under the parties’ collective bargaining act, and affirms the judgment ...

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

An insured roofing contractor who settled a suit for defective work for $1 million is a nominal party in a contribution suit between the contractor’s insurance carriers, and applying the nominal party exception to the rule requiring unanimous consent to ...

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

The 4th Circuit reverses defendant’s child pornography conviction because police did not give the 19-year-old community college student his Miranda rights until two hours into a three-hour custodial interrogation in the basement of his home, which had been entered by ...

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

The 4th Circuit rejects plaintiff prisoner’s constitutional challenge to a provision of the Prison Litigation Reform Act of 1995 that caps recovery of attorney’s fees for an inmate’s successful civil rights claims, and upholds a district court’s award of $1.40 ...

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