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

After officers observed a still-smoldering marijuana cigarette lying in an open trash can in the kitchen, a fair probability existed that further evidence of the defendant’s crime would be uncovered elsewhere in the house, thus supporting a warrant to search ...

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

Where four ex-employees agreed to not to compete with their employer for 30 months in exchange for payments and then formed a competing company before the end of the 30-month period, they could not argue the contract was unreasonable. They ...

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

Where the prison denied an inmate the ability to attend religious services or wear a beard of a certain length as a means of incentivizing him to improve his conduct, it may have violated his rights under the Religious Land ...

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

Where the Department of Health and Human Services was enjoined from recouping alleged overpayments of Medicare reimbursements from a health care provider until an administrative proceeding was completed, the injunction was vacated because the provider could seek expedited judicial review ...

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