Where a consumer brought a challenge against CMS officials in their individual capacities, alleging they violated the Telephone Consumer Protection Act by authorizing robocalls, his lawsuit was in reality aimed against the federal government, to which sovereign immunity applied. Background ...

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

Where a chief merchandizing officer reacted negatively to criticism and became disengaged following a leadership assessment of Lowe’s senior leaders, Lowe’s prevailed on claims that his termination was based on race discrimination. Background In February 2017, Michael Jones, formerly the ...

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

Where a man who pleaded guilty to possession of child pornography was barred from working in “any type of employment without the prior approval of the probation officer,” and no explanation was provided for why this restriction was relevant to ...

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

Where a patent attorney who was a shareholding partner and equal owner of the firm, was compensated according to the firm’s profits and losses, enjoyed a high degree of independence and could only be terminated by a majority of the ...

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

The government was required to show the defendant engaged in sex with a minor for “the purpose” of creating a video. By instructing the jury that it could convict the defendant if the video was “a purpose” of the sexual ...

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

Where the taxpayers argued that they were not required to report $45.7 million of compensation income, the series of business transactions were devoid of economic substance and were thus insufficient for avoiding tax liability. Moreover, despite the taxpayers’ assertion they ...

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

Where fire battalion chiefs argued they were covered by a “first responder regulation,” which required they be paid overtime, because their primary duty was management and not front line firefighting, the first responder regulation was inapplicable. A review of their ...

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

There is no jurisdiction over a suit brought by a U.S. citizen who alleges he was improperly removed to El Salvador. In deciding whom to investigate, detain and remove, homeland security officers must make the kinds of classic judgment calls ...

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

Where Baltimore’s short-term aerial surveillance program does not target particular individuals or violate a reasonable expectation of privacy, and seeks to meet a serious law enforcement need without burdening constitutional rights, the denial of community activists’ request for a preliminary ...

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

A rule promulgated by the Department of Health and Human Services, prohibiting physicians and other providers in Title X programs from referring patients for an abortion and imposing other requirements on entities receiving Title X funds, was enjoined. HHS inadequately ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Albert Diaz Judge J. Harvie Wilkinson III Judge Julius N. Richardson Judge Stephanie Dawn Thacker