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

Two Baltimore police officers charged with robbing citizens during the course of their police work and committing fraud in obtaining overtime pay were unsuccessful in arguing that the evidence was insufficient to hold them liable for racketeering and conspiracy and ...

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

Where an employee was injured on the job by the owner of the home that was under construction, his suit against the owner is not precluded by the worker’s compensation exclusion or the employee indemnification and employer’s liability exclusion in ...

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

By Correy Stephenson BridgeTower Media Newswires A sunken pirate ship off the coast of North Carolina that triggered a copyright dispute with implications for state sovereign immunity will be heard by the U.S. Supreme Court. In 1996, the Queen Anne’s ...

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

Although summary judgment was granted to two companies hired to provide “quality assurance” and “quality control” services on a bridge construction project, there are disputed issues of material fact over the contract terms. Now a jury will decide whether the companies ...

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