Where Virginia’s death row inmates were subject to confinement conditions that posed a substantial risk of serious psychological and emotional harm when they first filed their lawsuit, but changes made while the lawsuit was pending ended any Eighth Amendment violation, ...

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

Years after the expiration of the statute of limitations, homeowners can still sue lenders for allegedly violating an anti-kickback law because they plausibly alleged the lenders concealed their conduct sufficient to toll the statute of limitations. Background Each of the ...

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

A jury will decide if a financial advisor was negligent in advising certain clients about inherited annuities, or if the clients were themselves negligent, which would bar recovery. The district court had concluded the clients were negligent as a matter ...

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

A 30-day sentence imposed after a defendant validly waived his right to counsel on a misdemeanor charge was properly included in the calculation of defendant’s criminal history score under the Sentencing Guidelines. Background On Aug. 8, 2017, a federal grand ...

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

In reversing dismissal of a plaintiff’s claim that defendant unlawfully accessed emails in his web-based email account, the court held, in an issue of first impression, that previously opened and delivered emails stored in a web-based email client are within ...

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

Previously opened and delivered emails are considered to be in “electronic storage” and can, therefore, be the basis for a federal Stored Communications Act claim, the 4th U.S. Circuit Court of Appeals has ruled in a matter of first impression. ...

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

The 180-day waiting period for federal employees to file a discrimination lawsuit begins upon filing an initial complaint; not after each subsequent amendment, the 4th U.S. Circuit Court of Appeals has ruled. In a matter of first impression, the court ...

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

Although neither the U.S. Supreme Court nor any Circuit has addressed whether a governmental social media page constitutes a public forum, the court found aspects of the Loudoun County Board chair’s Facebook page bear the hallmarks of a public forum. ...

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

In a case of first impression, the court determined that Title VII’s 180-day waiting period is not jurisdictional. In deciding whether the district court erred in dismissing the plaintiff’s court action, which was filed before 180 days from the time ...

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

The State of South Carolina obtained an injunction against the Department of Energy’s plan to terminate the construction of a nuclear facility in the state. On appeal, the court vacated the injunction, concluding the state lacked standing as its claims ...

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