The 4th Circuit says plaintiff buyers of real estate brokerage services in South Carolina have stated an antitrust claim under the Sherman Act, 15 U.S.C. § 1, with allegations that defendant brokerages that serve as board members of the local ...

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

The 4th Circuit upholds the Secretary of Health and Human Services’ denial of Medicare Part B coverage for the BIO-1000, a device to treat osteoarthritis of the knee, rejecting the claims of the manufacturer’s bankruptcy trustee that the Secretary improperly ...

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

A man who terrorized a former high-school girlfriend for more than three decades, and who served time in prison for killing her mother and a friend and wounding a neighbor as the woman fled her West Virginia home in 1975, ...

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

A Nicaraguan citizen who attempted to assume the identity of a Puerto Rican-born citizen and verbally affirmed to an ICE agent that he would like to make a statement that he was a U.S. citizen, can be convicted of making ...

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

A helicopter flight instructor cannot sue the Federal Aviation Administration for alleged harm to his flight instruction business resulting from the FAA’s suspension of an airworthiness certification of the helicopter leased by the instructor; the 4th Circuit affirms the district ...

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

Plaintiff sub-subcontractor on defendant Coast Guard’s Deepwater Acquisition Project cannot sue the Coast Guard for defamation and related tort claims for alleged injuries from termination of its at-will consulting agreement and removal of its name from a list of government ...

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

The 4th Circuit dismisses an appeal by environmental and preservation organizations that challenge federal and state agencies’ planned improvements to Virginia’s Interstate 81 corridor under a tiered review process. Appellants challenged the plan by the Federal Highway Administration and the ...

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

The 4th Circuit affirms the 18 U.S.C. § 922(g)(8) firearm conviction of a man who left the courtroom after being served with a domestic-violence protective order and went to a firing range for target practice, and then violated the order ...

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

In determining insurance coverage for a Baltimore child who won a $850,000 judgment for lead paint injuries against two defendants – a realty company and the property owner that bought the house in which the child lived – the 4th ...

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

Convicted terrorist Jose Padilla, a U.S. citizen, and his mother, may not sue for legal and equitable relief based on Padilla’s prior military detention as an “enemy combatant”; the 4th Circuit upholds the district court decision refusing plaintiffs’ request for ...

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