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Appeal dismissed after second untimely notice
Where a man failed to timely appeal from a district court’s judgment, the district court then entered an order reopening the appeal period and allowing him 14 days to appeal and he nevertheless failed to file his notice of appeal within that time period, his appeal was dismissed. Background Donte Parrish claimed that because of […]
Unpaid leave satisfied employer’s ADA obligation
Where the accommodations requested by a disabled employee were not reasonable under the circumstances, an unpaid leave of absence constituted a reasonable accommodation. Background When Jay Hannah, a package delivery driver for United Parcel Service Inc., or UPS, injured his hip and buttocks, he requested that he be allowed to drive his route with a […]
Stop of car supported by reasonable suspicion
Where law enforcement stopped a vehicle after receiving information from a reliable informant, and because of the defendant’s past drug-dealing activities, the location of the stop and the manner in which the defendant was operating his vehicle, the stop was supported by reasonable suspicion. Background Suspecting that Xavier Howell was engaged in drug-trafficking activity, law […]
Employees were terminated for alleged dishonesty
Where the record showed that an employer terminated over 65 employees after it concluded they were dishonest – by submitting virtually identical forms claiming they were injured – it prevailed on their claims for discrimination under federal and state law. Background On June 16, 2017, CSX Transportation Inc., or CSXT, issued furlough notices to employees […]
Feds immune in seized smokes suit
The United States has immunity in a tort suit over property that was seized for purposes of both civil forfeiture and criminal investigation, the 4th U.S. Circuit Court of Appeals held in an issue of first impression. The federal government seized 1,560 cartons of cigarettes during a smuggling investigation, but later offered to return them […]
Suit over expired cigarettes dismissed
In an issue of first impression, the court held that where a seizure of property was effected for both the “purpose of forfeiture” and the purpose of criminal investigation, the United States is immune from a subsequent tort suit over the seizure. Background Reba and David Myers formerly owned “Dollar Stretcher,” a convenience store in […]
ACCA enhancement is matter for sentencing
Where this court previously held that district courts may, consistent with the Constitution, use information “found in conclusive judicial records” to determine at sentencing that the defendant has three qualifying convictions for offenses committed on different occasions, and that ruling has not been expressly overruled by the Supreme Court, it remains good law. Background After […]
Federal court reverses employee’s sex bias verdict
A district court clearly erred when it assumed that an inference of sex discrimination necessarily followed when an employee proved a prima facie case of disparate treatment and their employer’s explanation wasn’t credible, the 4th U.S. Circuit Court of Appeals has held. While the district court was entitled to substantial deference, the key evidence showed […]
Sex discrimination verdict for employee reversed
Where a woman presented no evidence that would allow a factfinder to find that sex played any role in her former employer’s decision to terminate her employment, and the alleged male comparator was not similarly situated to the woman, the trial court erred in awarding the woman compensatory and punitive damages. Background Lincare Inc. terminated […]
Court rejects attempt to extend ‘Bivens’
Where a detainee suing officials and employees of the Bureau of Prisons attempted to extend Bivens v. Six Unknown Federal Narcotics Agents to a new context, but there were special factors counseling hesitation about granting the extension of Bivens, his suit was dismissed. Background Raymond Tate sued officials and employees of the Bureau of Prisons, […]
Lockheed Martin dodges claims arising out of $7B sale
Where a company alleged that Lockheed Martin and other defendants conspired to “cut it out” as the broker for a large, complex international military procurement transaction, but the court lacked subject matter jurisdiction over the tort claims, and the antitrust claims were time barred, the claims were dismissed. Background Blenheim Capital Holdings Ltd. and Blenheim […]
Virginia wounding and murder are crimes of violence
Where unlawful wounding proscribed by Virginia Code § 18.2-51 meets the criteria for a crime of violence, and where Virginia murder’s requirement of extreme recklessness satisfies the mens rea of a “crime of violence,” the defendant’s contrary arguments were rejected. Background The issue is whether offenses under 18 U.S.C. § 1959 (violent crimes in aid […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
