The administrative law judge erred by requiring objective evidence about the persistence and limiting effects of fibromyalgia on the claimant’s daily life. This error was compounded by the fact that objective evidence was present, but ignored. The record as a ...

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

The court joined the Third and Sixth circuits in holding that applicants could argue the Social Security administrative law judges who heard their cases were improperly appointed, although they did not raise this issue during the agency proceedings. The decision ...

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

Where a court may have erred in applying a four-level enhancement and upwardly departing from the guidelines when imposing a sentence for possession of a firearm in connection with another felony, the decision was affirmed because the record showed the ...

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

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