Where a district court directed the U.S. Citizenship and Immigration Services, or USCIS, to adjudicate the plaintiff’s naturalization application within 45 days and retained jurisdiction to hear the case if the agency failed to comply, the plaintiff did not qualify ...

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

Where the government failed to produce documents in the trial of the Massey Energy CEO who, after a coal mine explosion, was convicted of conspiracy to willfully violate mandatory federal mine safety and health standards, his conviction was upheld because ...

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

Where the defendant was previously charged in state court with capital murder of a police officer after a traffic stop, a later federal prosecution for possession of a firearm by a felon was not barred by Double Jeopardy. An offense ...

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

Although the defendants argued a student’s use of a Jane Doe pseudonym without court permission was a jurisdictional defect, that argument failed because her complaint alleging she was harmed by the school’s failure to end the sexual harassment and abuse ...

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

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