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.

Although the defendant raised multiple issues on appeal, including that his trial should have been delayed, an expert should have been excluded, he was denied a right to testify and there were errors during sentencing, each of his arguments was ...

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

Where the district court relied upon an incorrect provision in denying the defendant’s motion for a reduced sentence under the First Step Act of 2018 and the defendant was serving a sentence for a covered offense, the case was remanded. ...

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

Where the testimony of an inmate and a prison official differed over what took place after officers ordered inmates to stay in their cubicles, the inmate is entitled to potentially exculpatory video evidence of the incident unless the government establishes ...

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

Where the pleadings in the underlying suit alleged offensive publications were made during the policy period that differed in substance from those published before commencement of coverage, the “prior publication” exclusion did not obviate insurer’s duty to defend. Background In ...

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

Although the government persuaded the district court to impose a sentence above the guidelines range, the plea agreement allowed only the defendant, not the government, to ask for a sentence outside the recommended range. Background Pursuant to a plea agreement, ...

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

State court class actions on behalf of owners of stock in an electric and gas utility, which alleged that the company’s CEO and board members breached their fiduciary duties by agreeing to a merger with an energy-based utility company and ...

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

Although defendants are not categorically barred from obtaining resentencing pursuant to Rule 36 over a clerical error, the defendant was not entitled to this relief because the clerical error in his pre-sentence report only affected one of his prior convictions ...

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

The court remanded the case for further proceedings on the Fifth Amendment equal protection claim and the 42 U.S.C. § 1985 claims asserted by the plaintiffs. Background Upon consideration of submissions relative to the plaintiffs’ motion for remand, this court ...

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