Where a woman alleged that she was underpaid for non-overtime hours during weeks in which she also worked overtime, the district court erred in granting her employer judgment on the pleadings. In accordance with the Department of Labor’s interpretation of ...

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

Where a widow alleged her husband’s death was caused by his exposure to contaminated water and environmental toxins while he was stationed at Camp Lejeune, her complaint was properly dismissed. The alleged exposure occurred in the course of the decedent’s ...

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

Where shareholders alleged they purchased shares of a technology company at inflated prices because corporate officers made materially misleading statements about the company’s financial health, their suit was dismissed because there was insufficient evidence of scienter. Background Plaintiffs appeal the ...

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

Where a man sentenced to death for murdering an infant challenged the state court’s factual finding that the baby died from a depressed skull fracture, it was not “objectively unreasonable” for the court to conclude that the chief of pediatric ...

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

Where the sentencing court never determined whether the victim’s injuries lasted for a “meaningful period” or if they were of a type for which more-than-precautionary medical attention ordinarily would be sought, it erred in imposing a sentencing enhancement for bodily ...

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

Although the Fairfax County School Board urged the entire Fourth Circuit to rehear an appeal involving its liability for student sexual misconduct, it failed to garner a majority of the judges in regular active service and not disqualified. Background A ...

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

Where a sex trafficking defendant lured women into prostitution using social media, her vagueness challenge to a ban on using social networking accounts was rejected. There was a “commonsense” meaning of the condition, she heard the probation officer’s explanation, could ...

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

Where the former employee alleged that he was harassed, made fun of and yelled at by his supervisors, but failed to show that the conduct was because of his race or color, the defendants prevailed on the hostile work environment ...

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

Where the plaintiff alleged his cancer was caused by exposure to wood dust from 1981-1992, but the link between wood dust and cancer was not known at the time, judgment was granted to the lumber manufacturers. Background Christopher Lightfoot maintains ...

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

Where the immigration judge focused on why a Honduran gang targeted the petitioner’s family, rather than petitioner herself, that was wrong. Because the record showed that the gang leveraged her familial relationship to her husband, as well as their familial ...

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