The district court’s full jury instructions on mutual assent were a correct statement of Virginia law and not in error. Background Appellants Knox Energy LLC and Consol Energy Inc. filed this action seeking declaratory judgment that a drilling contract with ...

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

A defendant initially sentenced to six life terms for non-homicide offenses received a partial pardon  from Virginia’s then-governor. The pardon mooted the defendant’s constitutional challenge to his initial sentence, and the district court erred in ruling on it. Background At ...

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

A subcontractor seeking compensation for restoration work within the scope of the National Flood Insurance Program could not claim full payment via RICO, because claims adjusters’ negative assessment of the subcontractor’s work did not directly cause the lack of payment. ...

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

Following a 2012 challenge to Virginia’s district lines, U.S. Congress members who intervened and drove extensive appellate litigation were not liable for any of the prevailing plaintiffs’ $1.35 million in attorneys’ fees. Appellate fees also were not shifted to the ...

Tagged with: 4th U.S. Circuit Court of Appeals Attorneys Fees Civil Practice Civil Rights Constitutional Elections Equal Protection Judge Paul V. Niemeyer

The court of appeals denied Jarius Phillips’ motion for authorization to file a successive application for a writ of habeas corpus relying on retroactive application of Miller v. Alabama, 567 U.S. 460 (2012). In 2001, Phillips was sentenced to four ...

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

Contrary to plaintiff’s argument, the administrative law judge recognized plaintiff’s overall moderate difficulties with concentration, persistence, or pace; however, evidence from plaintiff’s doctors supported the ALJ’s finding that he would nonetheless be able to stay on task while performing “simple ...

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

In this case involving a prisoner who was attacked and injured by another inmate, the district court instructed the jury, “Deliberate indifference is established only if the defendants . . . had actual knowledge of a substantial risk that Anderson ...

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

U.S. v. Gattis (VLW No. 017-2-207, 22 pp.) (Niemeyer, J.) 16-4663; Dec. 4, 2017; USDC at Raleigh, N.C. 4th Cir. Holding: Although the North Carolina offense of common law robbery does not qualify as a “violent felony” under the force ...

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

A plaintiff who took out a home mortgage while he was serving in the U.S. Navy and defaulted on the mortgage loan after his discharge from the Navy, but joined the U.S. Army after notification of foreclosure proceedings, is not ...

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

The 4th Circuit upholds defendant’s sentence enhanced under the Armed Career Criminal Act, on a firearm possession conviction; his three prior convictions under Va. Code § 18.2-55, for knowing and willful infliction of bodily injury on a juvenile-facility employee, were ...

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