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

Where a broker executed trades on investors’ portfolio margin accounts in clear violation of a rule of the Financial Industry Regulatory Authority Inc., or FINRA, the arbitration panel did not manifestly disregard the law by imposing liability against the broker, ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Diana Gribbon Motz Judge Paul V. Niemeyer

Although the orders authorizing wiretaps simply identified a Deputy Assistant Attorney General in the Criminal Division as the authorizing official, and there are six persons who hold that title, because the specific official was named in the applications, which accompanied ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz Judge Paul V. Niemeyer

Although the native of El Salvador alleged sheep-related comments and mockery were motivated by racial animus, because they compared a person to animals, the comments were insufficient to constitute a hostile work environment based on race because the plaintiff cited ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Paul V. Niemeyer

Where an inmate with a medical condition had performed various prison jobs, he successfully alleged facts showing that after he was hospitalized for a short time, prison officials regarded him as disabled and as a consequence, he could not participate ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Paul V. Niemeyer

Although the pilot was not cleared to fly, an airline nevertheless violated the Uniformed Services Employment and Reemployment Rights Act, or USERRA, by not reemploying him “promptly” in an alternative position. Background As Thomas Harwood neared completion of a tour ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Paul V. Niemeyer

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

Where claims that West Virginia officials defrauded the government when obtaining federal funding to improve broadband coverage, the court held in a case of first impression that public officials cannot claim qualified immunity under the False Claims Act, because the ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Tort

Teeing up a circuit split, a panel of the 4th U.S. Circuit Court of Appeals has held that a party to private arbitration in the United Kingdom can obtain testimony from residents of South Carolina for use in the arbitration. ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Paul V. Niemeyer

In an issue of first impression, the court joined the Sixth Circuit in holding a private arbitral panel is a “tribunal” under 28 U.S.C. § 1782(a), which allows a district court to order testimony or documents for use in the ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Paul V. Niemeyer