Where the plaintiff alleged his cancer was caused by exposure to wood dust from 1981-1992, but the link between wood dust and cancer was not known at the time, judgment was granted to the lumber manufacturers. Background Christopher Lightfoot maintains ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge James A. Wynn Jr. Judge Paul V. Niemeyer Negligence

Where a defendant convicted on numerous racketeering counts was originally sentenced to 570 months’ in prison, but one count constituting a 360-month component was later vacated, the new 360-month sentence was not unreasonable given his role in the offenses and ...

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

Where former employees of national security agencies voluntarily signed agreements giving the agencies prepublication review of certain materials they intend to publish, they knowingly waived their First Amendment rights to challenge the requirement that they submit materials for review. Moreover, ...

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

Where the convicted sex-offender failed to show a regulation prohibiting sex offenders from having in-person visits with minors unless they received an exception lacked “a rational relation to legitimate penological interests,” his First Amendment right to association claim was dismissed. ...

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

Where the insurance company filed an interpleader action to limit its liability in connection with suits brought against a convenience store arising out of the sale of alcohol to minors, the district court erred in dismissing the action. Because the ...

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

Where the trial judge overseeing the defendant’s trial for first-degree murder and armed robbery was aware of a juror’s hearing impairment, and took steps to address it, including repeatedly questioning the juror and confirming with counsel that they could proceed, ...

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

Where expert testimony was plausible, coherent, internally consistent and not contradicted by extrinsic evidence, the district court did not err in concluding a sexually dangerous person must comply with a regimen of medical, psychiatric or psychological care or treatment as ...

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

Where a defendant convicted of murder, burglary, kidnapping and related crimes previously claimed that his trial counsel’s performance was constitutionally deficient, and the state post-conviction court rejected that claim, he could not introduce new evidence in his federal habeas petition. ...

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

Where the police legally stopped and searched a vehicle in which the defendant was a passenger and found 300 grams of fentanyl that neither he nor the driver claimed, it was “entirely reasonable” to conclude the occupants were in a ...

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

Where a defendant who was sentenced to death for his role in a murder for hire plot alleged his trial counsel provided ineffective assistance by failing to investigate adequately his brain injury and potential mental illness, and failing to introduce ...

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