Allegations that a 401(k) plan sponsor and management committee ignored an imprudent single-stock fund for several years was sufficient to support claims for breaches of the fiduciary duties of prudence and diversification imposed by the Employee Retirement Income Security Act ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge James A. Wynn Jr. Judge Paul V. Niemeyer

A majority of the en banc court refused to allow the suspicionless stop of the defendant following a report of “shots fired.” The stop was not justified by exigent circumstances and thus was not reasonable under the Fourth Amendment. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz Judge J. Harvie Wilkinson III Judge James A. Wynn Jr. Judge Julius N. Richardson Judge Roger L. Gregory Judge Stephanie Dawn Thacker

The dismissal order in a property dispute involving a right of way agreement and laying sections of pipeline was insufficient in that it did not explain why the suit was dismissed with prejudice, the reasons for that decision or whether ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge James A. Wynn Jr. Judge Paul V. Niemeyer

The stop of the defendant after a bar brawl was supported by multiple elements, including a tip from a witness describing a person with a gun, with a physical description matching the defendant, in a known problem area. Background Shortly ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allison Jones Rushing Judge James A. Wynn Jr.

Where an inmate who had pleaded guilty to conspiracy to cocaine-related crimes provided “substantial assistance” to the government, he was entitled to have a pleading about his efforts sealed and removed from online research services. There was a heightened risk ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge James A. Wynn Jr.

Where a real estate contract was expected to close in 2008 but did not close until 2017, a suit brought by an entity entitled to receive certain expenses at closing was timely as it was filed within three years of ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge James A. Wynn Jr.

A lease was not modified by a subsequent letter or estoppel certificate because neither document was signed by all parties and thus lacked mutual assent. Nor could subsequent conduct vary the unambiguous lease. Although the lease allowed the landlords to ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Contract Judge James A. Wynn Jr. Real Estate

Although the defendant who was sentenced to death for a double murder argued his trial attorneys were repeatedly ineffective by not making objections, not requesting specific jury charges or by not presenting certain evidence, he was not entitled to relief ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge James A. Wynn Jr.

Although section 205 of the Immigration and Nationality Act, or INA, does not use the word “discretion,” its language unambiguously confers discretion on the Secretary of Homeland Security to revoke an immigration petition. As such, judicial review of the plaintiff’s ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge James A. Wynn Jr.

Where the shape and color scheme of a chicken feeder served a functional purpose, the feeder was ineligible for trade dress protection. Background In this trade dress infringement case, CTB Inc. appeals rulings granting summary judgment in favor of Hog ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge James A. Wynn Jr.