Although summary judgment was granted to two companies hired to provide “quality assurance” and “quality control” services on a bridge construction project, there are disputed issues of material fact over the contract terms. Now a jury will decide whether the companies ...

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

Where a court declined to review whether a defendant’s sentence on a firearm charge was improperly enhanced under the Armed Career Criminal Act, or ACCA,because the defendant’s concurrent sentence of a drug-trafficking charge was valid, remand for evaluation was warranted. ...

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

President Trump will no longer face a suit brought by Maryland and the District of Columbia over his alleged violation of the Emoluments clause after the court granted the president’s petition for writ of mandamus and concluded the plaintiffs lacked ...

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

After holding it had jurisdiction to entertain President Trump’s appeal from the district court’s decision “effectively” denying his immunity motion to dismiss, the court never reached the immunity question and, instead, held that Maryland and the District of Columbia lacked ...

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

Where an individual was twice deemed incompetent to stand trial on charges of sexual assault and abuse of female minors, holding a commitment hearing to determine whether the individual should be indefinitely committed to the custody of the Attorney General ...

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

Although an employee was injured on a bridge spanning navigable waters, the location of the injury was insufficient to trigger coverage under the Longshore and Harbor Workers’ Compensation Act, or LHWCA. Background Kenneth Muhammad, a railroad employee, was injured while ...

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

Although the allegedly defective product was shipped to Amazon’s warehouse before being shipped to the customer, because title to the product was never transferred to Amazon, and all other evidence indicated another party remained the seller, Amazon could not be ...

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

Plaintiffs could not bring a claim for damages against ICE agents who allegedly violated their Fourth and Fifth Amendment rights because recognizing a Bivens remedy in this context was unwarranted given Congress’s refusal to provide such a remedy in any ...

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

Immigrants who were properly arrested and detained by Immigration and Customs Enforcement in the state where they lived with their families were not deprived of their constitutional rights when they were transferred to another state without notice or a hearing ...

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

A county board of elections that was tasked with enforcing a law enacted by the state was required to pay the attorneys’ fees of the plaintiffs who prevailed in an action to enjoin the enforcement of the law on the ...

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