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.

A ruling could not be made at this stage on whether the Baltimore police use of a cell site simulator constituted a warrantless search in violation of the Fourth Amendment. The case was remanded for information about the device and ...

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

A convicted sex offender who was indicted for failing to register under the Sex Offender Registration and Notification Act, or SORNA, had his indictment reinstated because his nondelegation argument has been rejected by the Supreme Court and his ex post ...

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

Where the plaintiff’s own expert during a deposition refused to express her opinion to a reasonable degree of medical certainty that the plaintiff aspi­rated thin liquids, the defect could not be cured with a later-submitted affidavit. Background In this medical ...

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

Where the servicemembers were likely to show the government’s policy and conduct violated the Administrative Procedure Act and that they would suffer irreparable harm without a preliminary injunction while they challenged their discharge and that injunctive relief was in the ...

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