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

A district court did not err in dismissing a landowner’s suit challenging a county’s comprehensive plan to extend sewer service, including a grandfather/merger provision designed to limit overdevelopment; finding a regulatory taking or constitutional violation in this situation would invalidate ...

Tagged with: Judge J. Harvie Wilkinson III U.S. District Court - Eastern District Zoning

A police officer and a prosecutor who failed to revoke arrest warrants after learning that no crime was committed – leading to the arrests of an Alexandria couple – are immune from civil rights claims, a federal appeals court has ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Costco Fadwa Safar Jan Eshow Judge Albert Diaz Judge Henry F. Floyd Judge J. Harvie Wilkinson III Judge T.S. Ellis III Stephanie Rodriguez

A Virginia prosecutor and a police officer have immunity in this suit alleging they failed to withdraw an invalid arrest warrant for theft, which led to the jailing of a breast-feeding mother for three days over a holiday weekend; the ...

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