Where a village town manager published an affidavit in which he falsely stated that complaints were filed against town safety officers “involving inappropriate electronic communications that created a hostile work environment in violation of Village policy,” he was liable for ...

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

Where the district court enhanced the sentence of a defendant who pleaded guilty of distributing child pornography based upon a 2013 Fourth Circuit decision, but that decision was abrogated by a subsequent amendment to the sentencing guidelines, the enhancement was ...

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

Where a Maryland criminal statute prohibiting assault with intent to prevent lawful apprehension incorporates the common-law understanding of assault, which may involve innocuous conduct, it does not constitute a “violent felony” under the Armed Career Criminal Act, or ACCA. Background ...

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

Where it was unclear whether a jury relied solely on now-invalid predicate counts in rendering guilty verdicts on two other counts, the defendant wasn’t entitled to habeas relief. He needed to show “more than a reasonable possibility” that the jury ...

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

Where a company committed a trespass by laying two segments of pipeline outside the boundaries of a right of way agreement, the homeowners may recover damages based upon “the condition, use, and value of the property” determined by the condition ...

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

Where a federal contractor sought clarification on whether the nature of its Navy service contract made it subject to California’s labor laws, the suit was properly dismissed because the contractor failed to satisfy the exhaustion requirements of the Contract Disputes ...

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

Where the Fish and Wildlife Service failed to adequately evaluate the “environmental baseline” and “cumulative effects” for the Roanoke logperch and the candy darter within the right of way of a proposed pipeline, its biological opinion and incidental take statement ...

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

An emergency medical services employee adequately alleged a violation of the Fair Labor Standards Act, or FLSA, under the theory of “overtime gap time,” a panel of the 4th U.S. Court of Appeals has ruled in reversing judgment on the ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Law Fair Labor Standards Act Judge James A. Wynn Jr. Overtime pay

Where DIRECTV prevailed on its Federal Communications Act claim against an individual who stole satellite transmissions, but had to spend more than $60,000 to recover the judgment, its motion to recover fees and costs was granted. Although the statute did ...

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

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.