A defendant who engaged in sustained physical resistance to being arrested by U.S. Park Police officers who discovered him having sex with another man in the public parking lot of a national park recreational area, properly was convicted of multiple ...

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

A defendant who waited four days into his five-day trial on drug and weapons charges to argue for suppression of evidence because police did not have reasonable suspicion to stop him on the street, has waived his Fourth Amendment claim; ...

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

A & G Coal Corporation may not assert a “permit shield” defense for discharges of selenium as it failed to disclose the presence or absence of this pollutant during the application process for a permit under the National Pollutant Discharge ...

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

In examining a Maryland program to subsidize participation of a new power plant in the federal wholesale energy market on appeal by energy firms that compete with the new power plant in interstate commerce, the 4th Circuit upholds the district ...

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

A home buyer who is suing builders and warranty companies in state court for alleged defects in her new home wins dismissal of the warranty companies’ federal court petition to compel arbitration of her dispute; the 4th Circuit remands for ...

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

After 16 years of fighting for black lung survivor’s benefits, a miner’s widow wins benefits in the 4th Circuit’s latest remand of her case; the miner’s COPD qualified as pneumoconiosis and contributed to his death. Claimant’s husband received black lung ...

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

An employer won attorney’s fees from the Equal Employment Opportunity Commission when the agency’s investigation dragged on for six years before it filed its losing lawsuit. Before the agency filed suit in 2009, the employer had closed its facilities in ...

Tagged with: Employment Federal Courts Judge Barbara Milano Keenan Judge J. Harvie Wilkinson III

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