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Tag Archives: Judge James A. Wynn Jr.

Arbitrability – JAMS Rules – Arbitrator’s Decision – First Impression (access required)

Where the arbitration clause of the parties’ contract says arbitration is to “be administered pursuant to the JAMS Comprehensive Rules and Procedures,” and where those rules provide that arbitrability disputes are to be decided by the arbitrator, then the arbitration ...

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Appeals court rebukes prosecutors in death penalty case (access required)

4tth Circuit Seal FEA

A federal appeals court panel has ordered an evidentiary hearing to determine if undisclosed evidence could upset the conviction of a man sentenced to die for the 2004 Norfolk murders of four people, including two preschool girls. Ruling that U.S. ...

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Public Employees – Whistleblower Claim – Agency Timeliness & Reports – Administrative (access required)

Flynn v. U.S. Securities & Exchange Commission (VLW No. 017-2-212, 18 pp.) (Wynn Jr., J.) 16-2122; Dec. 7, 2017; on petition for review from the Merit System Protection Board. 4th Cir. Holding: The applicable version of 17 C.F.R. § 201.900(a) ...

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Black Lung Benefits – Coal Miner/Smoker – FEV1/FVC Ratio (access required)

Westmoreland Coal Co. v. Stallard (VLW No. 017-2-205, 21 pp.) (Wynn, J.) 16-1460; Nov. 29, 2017; On petition for review from the Benefits Review Board; 4th Cir. Holding: The Fourth Circuit holds to the Department of Labor’s regulatory preamble and ...

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4th Circuit: ‘Peace Cross’ violates Constitution (access required)


BALTIMORE—A 40-foot tall cross erected as a World War I memorial on state-owned land in Bladens­burg, Maryland, violates the con­stitutional separation of church and state, the 4th U.S. Circuit Court of Appeals ruled Oct. 18. “The monument has the primary ...

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