A district court did not err in find­ing defendant ineligible for a sentence reduction for trafficking cocaine base because the record supported a finding that at least 25.2 kilograms of the drug were attributable to him in his role as ...

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

A district court did not err in dismiss­ing a Federal Tort Claims Act suit alleg­ing the Food and Drug Administration negligently issued a salmonella contam­ination warning that devalued plain­tiff ’s South Carolina tomato crop by over $15 million; the 4th ...

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

The 4th Circuit affirms a grant of ha­beas relief overturning a death sentence imposed on an African-American man convicted of murder, because the sentenc­ing proceeding before an all-white South Carolina jury “was suffused with racially coded references to a degree ...

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

A financial services company can­not overturn an arbitration award of $900,000 in compensatory damages to its former employee on the ground that it should have been granted more time to name its preferred arbitrators, after it missed the deadline when ...

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

A woman who claims defendant chari­table organizations unlawfully refused to admit her to homeless shelters because of her alleged mental health disability has failed to state claims under 42 U.S.C. § 1983, the Americans with Disabilities Act, the Rehabilitation Act ...

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

An airline employee did not create a material factual issue that employer’s reason for firing him was a pretext for re­taliation for taking Family and Medical Leave on a day when he was scheduled to work, near the end of ...

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

A defendant who pleaded guilty to murder and related crimes as a 17-year-old in 1995 in order to avoid the death penalty in South Carolina is not entitled to post-conviction relief to withdraw that plea in light of the Su­preme ...

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

The 4th Circuit affirms dismissal of Lib­ertarian political candidate Robert Sarvis’ constitutional challenge to Virginia’s three-tiered ballot ordering law; the three-tiered ballot ordering law imposes little burden on appellant’s constitutional rights and Virginia articulates several important interests sup­porting the law. ...

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

The 4th Circuit says a defendant who was discovered intoxicated on a stolen 24-foot motor boat not authorized to be in a restricted marine area at the Newport News shipyard and who false­ly told the Coast Guard he had fought ...

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

Exotic dancers were employees of de­fendant clubs, and not independent con­tractors, and the dancers are covered by the Fair Labor Standards Act and Maryland wage laws; the 4th Circuit af­firms the district court, which “properly captured the economic reality of ...

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