Federal law permitted harsher sentencing for a defendant’s drug crimes because his prior conviction for voluntary manslaughter in North Carolina qualified as a “violent felony” under the applicable statute. In sentencing Appellant Antoine Smith for drug-possession convictions, the district court ...

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

A medical-implant manufacturer, the defendant at a consolidated trial arising from a much larger multidistrict litigation, did not demonstrate either that consolidation was unfair or that the trial court otherwise committed reversible error, the court of appeals held. Appellant Boston ...

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

The court of appeals upheld Appellant Michael Maynes Jr.’s convictions for sex trafficking, holding that the trial court properly instructed the jury on the definition of “fraud” and also excluded evidence of the victims’ past engagement in commercial sex. A ...

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

An exotic dance club could not enforce arbitration agreements it obtained from its entertainers when it used those agreements as an “insurance policy” for merits-based litigation, the court of appeals said. Plaintiff/Appellee Alexis Degidio performed as a dancer at Defendant/Appellant ...

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

The district court was correct to strike down a Baltimore ordinance requiring pregnancy centers that do not offer or refer for abortions to disclose that fact via waiting-room signage, the circuit court said. The Greater Baltimore Center for Pregnancy Concerns ...

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

In an Equal Pay Act case, an employer offering reasons for pay disparities between men and women must show it actually applied those reasons in the wage decision process to avoid liability, the 4th U.S. Circuit Court of Appeals has ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Barbara Milano Keenan Judge Henry F. Floyd Judge J. Harvie Wilkinson III

Penley v. McDowell County Board of Education (VLW No. 017-2-203, 31 pp.) (Thacker, J.) (Wilkinson J., concurring) 16-2034; Nov. 28, 2017; USDC at Asheville, N.C. (Cogburn J.) 4th Cir. Holding: A state house member allegedly threatened the plaintiff-teacher – who ...

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

Borzilleri v. Mosby (VLW No. 017-2-184, 13 pp.) (Wilkinson, J.) No. 16-1751; Oct. 17, 2017; USDC at Baltimore, Md. (Motz, S.J.) 4th Cir. Holding: Since assistant state’s attorneys implement the policies of their elected bosses, the newly elected defendant-state’s attorney ...

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

A divided 4th Circuit upholds a decision declaring unconstitutional North Carolina county commissioners’ delivery of pointedly sectarian invocations, composed by individual commissioners, prior to commission meetings; the lawmakers’ prayer practices violate the First Amendment, the court says on rehearing en ...

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

Plaintiffs, including same-sex couples who are either engaged or married, cannot rely on taxpayer standing to challenge North Carolina Senate Bill 2, which grants state magistrates a religious exemption from performing marriages of same-sex couples; the 4th Circuit affirms dismissal ...

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