Even if the district court erred in concluding the defendant’s prior assault conviction was a crime of violence under the current version of the sentencing guidelines, that error was harmless in light of its stated conclusion it would have imposed ...

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

The failure of a nurse practitioner to produce thousands of email messages in her suits against a hospital, and her submission, after a day-long deposition, of a 54-page declaration that rendered her deposition useless, supported the district court’s decision to ...

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

A woman who alleged male employees circulated a rumor that she had a sexual relationship with a higher-ranking manager in order to obtain her position adequately stated a claim for discrimination and a hostile work environment, given the historical stereotypes ...

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

Body camera footage showed officers had consent to enter the man’s residence and he was not in custody when questioned; therefore, the dismissal of a motion to suppress is upheld. Background After Ismael Azua-Rinconada was indicted for illegally entering the ...

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

Federal courts have the power to hear a motion to vacate or modify an arbitration award in any dispute where they would have the power to hear a motion to compel arbitration, the 4th U.S. Circuit Court of Appeals has ...

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

The Sierra Club sued Dominion Energy under the citizen-suit provision of the Clean Water Act.  Following a bench trial, the district court found that rainwater and groundwater were leaching arsenic from the coal ash in the landfill and settling ponds, ...

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

A district court did not err in denying preliminary injunctive relief to preserve the National Labor Relations Board’s ability to award relief following its adjudication of unfair labor practice charges against two hospitals. Because the Board did not show irreparable ...

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

When a defendant directed officers searching his home to a gun under the couch, he was responding to their question to his wife, not to him. Therefore, no grounds existed to suppress his voluntary statements about the gun. No other ...

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

A district court did not err in denying preliminary injunctive relief to preserve the National Labor Relations Board’s ability to award relief following its adjudication of unfair labor practice charges against two hospitals. Because the Board did not show irreparable ...

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

When a defendant directed officers searching his home to a gun under the couch, he was responding to their question to his wife, not to him. Therefore, no grounds existed to suppress his voluntary statements about the gun. No other ...

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