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

A district court did not err in admitting a police officer’s photographs of a drug transaction, or a call between defendant and an informant, because the evidence was properly authenticated and sufficiently reliable. Although the jury refused to convict of ...

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

A dispute between a commercial tenant and landlord is headed to round three, this time because the district court erred in denying damages to the landlord. The commercial tenant is responsible for damages resulting from its early termination of the ...

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

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