The 4th U.S. Circuit Court of Appeals has vacated an order revoking three out-of-state lawyers’ temporary admission to practice in a South Carolina federal court. A frustrated federal district court judge in Spartanburg, S.C., revoked three Miami lawyers’ pro hac ...

Tagged with: Federal Courts Judge J. Harvie Wilkinson III

A cardiac surgeon who closed his Alabama practice to move to Virginia can try his claim against the hospital he thought had hired him as its new chief cardiac surgeon. Earlier this month, the 4th U.S. Circuit Court of Appeals ...

Tagged with: Contract Federal Courts Judge J. Harvie Wilkinson III Judge Roger L. Gregory

Saying it takes “real chutzpah” for appellant corporation to claim a refund on taxes it did not overpay, the 4th Circuit rejects the corporation’s appeal and says that in this case, the IRS can recalculate tax liability for a year ...

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

Although a husband signed a separation agreement waiving any claim to benefits from wife, husband – and not wife’s mother or the estate – can keep life insurance proceeds from the wife’s ERISA-approved plan because she did not change the ...

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

Foreclosure activity in Virginia has been steady for the past few years. But beneath the routine hammer-down on a debtor’s home, a question has lurked. What if the basic process used in Virginia to move these properties through the pipeline ...

Tagged with: Federal Courts Judge Albert Diaz Judge Barbara Milano Keenan Judge J. Harvie Wilkinson III Real Estate Supreme Court of Virginia News

In this decades-old dispute, not unlike a “chronicle of the Tudor dynasty,” between a West Virginia landowner and local government bodies and neighbors who played a part in resisting his development plans, the 4th Circuit says the denial of a ...

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

A new OSHA Directive announcing case-by-case enforcement of safety standards for steel structures cannot be reviewed by a federal court on a challenge by a trade association, because the Directive is not a “standard” subject to review under the controlling ...

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

A U.S. Navy sailor can sue to recover damages from the towing company that allegedly towed and sold his SUV while he was deployed; the 4th Circuit says the recent amendment to the Servicemembers Civil Relief Act included an express ...

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

Although jurors consulted a dictionary for definitions of terms in the judge’s criminal instructions after defendant drove his car the wrong way down an exit ramp, the 4th Circuit says defendant was not prejudiced because the dictionary definitions did not ...

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

A defendant cannot suppress the firearm found in a Crown Royal bag in a closet when police executed warrants related to charges that defendant tried to extort money from a woman by telling her he had her tax returns; the ...

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