Quantcast
Home (page 2)

Tag Archives: Judge J. Harvie Wilkinson III

‘Incumbent Protection Act’ is unconstitutional (access required)

In rejecting the commonwealth’s challenge to a decision that the “Incumbent Protection Act” violates the First Amendment, the court found the law’s operative provisions are unconstitutional and impose a “severe” burden on the associational rights of Virginia’s political parties. Background ...

Read More »

Blind man, not a member, lacks standing to sue credit union website (access required)

A blind man who complained that the website of the Department of Labor Federal Credit Union was not accessible to the disabled lacked standing to sue because he was not a member. Background The Department of Labor Federal Credit Union ...

Read More »

Racial comments don’t overcome no-impeachment rule (access required)

4tth Circuit Seal FEA

An African-American defendant who was convicted of drug and firearm charges may not interview the convicting jurors for signs of racial animus, despite a juror’s statement that his peer expressed racial prejudice during deliberations, the 4th U.S. Circuit Court of ...

Read More »

No ‘threshold showing’ that jurors acted with racial animus (access required)

Despite an affidavit asserting jurors made racially tinged statements, the district court did not abuse its discretion in concluding that interviewing jurors would not likely reveal evidence that racial animus was a motivating factor in the vote to convict defendant ...

Read More »

Gag order does not withstand constitutional scrutiny (access required)

A gag order imposed by the district court overseeing suits against the owners of hog farms breached basic First Amendment principles. Background Hundreds of plaintiffs have alleged that nearby hog farms associated with Murphy-Brown LLC are a private nuisance. Plaintiffs ...

Read More »

Jurisdiction established over health plan’s claim (access required)

The Court of Federal Claims, and not federal district court, has jurisdiction over an employee health plan’s suit seeking a refund under the Affordable Care Act. Background The Electrical Welfare Trust Fund is a self-administered, self-insured employee health and welfare ...

Read More »

Airport Authority properly using toll revenues (access required)

The Metropolitan Washington Airport Authority defeated a challenge to its use of toll funds for metro services to Dulles airport. Background Appellants here have raised a variety of constitutional and statutory challenges to Metropolitan Washington Airport Authority’s ability to use ...

Read More »