Although the defendant’s original plea agreement mistakenly sentenced him as an armed career criminal, it was not necessary to reduce his sentence on the other counts as the sentence given on those counts still upheld the benefits the defendant bargained ...

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

In rejecting an attempt by New York, Philadelphia and San Francisco to compel the Department of Defense to provide information to a national database regarding current and former service members who are disqualified from owning a gun, the court found ...

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

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 ...

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

A plaintiff with disabilities cannot sue a credit union of which he is not member for failing to make its website accessible under the Americans with Disabilities Act, the 4th U.S. Circuit Court of Appeals has ruled. The court affirmed ...

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

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 ...

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

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 ...

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

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 ...

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

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 ...

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

Even if an expert witness favored defendants in black lung cases, violated applicable standards, and misled coal miners and the Black Lung Benefits Act tribunals, that witness – like other witnesses – is entitled to absolute immunity from plaintiffs’ RICO ...

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

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 ...

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