In a case of first impression, a private party is entitled to assert the good-faith defense to liability under § 1983. As such, unions that collected representation fees from nonunion teachers prior to the Supreme Court holding such fees were ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge Robert B. King

Tour guides in Charleston, South Carolina, are no longer required to pass a written examination, acquire a valid business license that must be renewed annually and pay fees before they can provide tours. The ordinance was struck down on First ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Robert B. King

Although jury hearing the court martial of an Air Force captain accused of sexual assault was given an instruction that the Court of Appeals for the Armed Forces later concluded was a breach of his Fifth Amendment due process rights, ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Robert B. King

Where the Department of Homeland Security’s new definition of “public charge” in the Immigration and Nationality Act, or INA, was permissible, a nonprofit’s challenge to the definition failed because it could not show a likelihood of success on its claim. ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge J. Harvie Wilkinson III Judge Robert B. King

Although the home purchasers alleged they were steered to a particular title company because of undisclosed kickbacks paid by that company to the realtor, they failed to allege they were charged more by the title company and thus lacked standing ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Robert B. King

Although the plaintiff alleged the Army’s decision to suspend him pending review of his security clearance was in violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, or ADEA and the Whistleblower ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Robert B. King

U.S. Citizenship and Immigration Services, or USCIS, erred when it required a permanent custody order before it would allow an immigrant to qualify for special juvenile status because that requirement is not found in the statute. Background In late 2013, at ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Robert B. King

Where the Berkeley County School District and parties it has sued disagree about the existence and enforceability of arbitration agreements, there are disputes of material fact that must be resolved at trial. Background The appellants sought arbitration of federal and ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Robert B. King

Although the district court erred in instructing the jury about the legal principles it was required to apply to determine the methamphetamine quantity attributable to the defendant, any error was harmless because it did not seriously affect the fairness, integrity ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Robert B. King

Although the defendant argued that a de novo standard of review should be applied to the district court’s intrinsic evidence ruling, the appellate court applied an abuse of discretion standard as required by its precedent. Background Defendant Donald Bush appeals ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Robert B. King