Tag Archives: Judge Robert B. King

Government officials immune from surveillance claims (access required)

Senior government officials, including the former U.S. Attorney General Eric Holder, cannot be held liable for claims they unlawfully used electronic surveillance to spy on a CBS television reporter because such conduct did not violate a clearly established right. Background ...

Read More »

Prior conviction did not support armed career criminal designation (access required)

Conviction for assault, battery or wounding an officer while resisting arrest could not serve as a predicate offense under the violent felony clause of the Armed Career Criminal Act because it is possible for a person to be convicted of ...

Read More »

4th Cir.: Coin collectors’ quest to ease import restrictions fails (access required)

A numismatics lobbying group that intentionally imported ancient coins under international trade restrictions was unsuccessful in challenging forfeiture of the coins. Abuse of discretion is the appropriate standard for reviewing lower-court decisions to strike pleadings. Background In 1970, the U.S. ...

Read More »

4th Cir.: Data breach victims have standing for contract claims (access required)

After credit cards were fraudulently opened in their names, a class of optometrists alleged an injury in fact traceable to their professional organization. Background In July 2016, optometrists across the nation noticed that Chase Amazon Visa credit card accounts had ...

Read More »

4th Cir.: La. exemption law can apply to W.V. property (access required)

Debtors who moved from Louisiana to West Virginia could apply Louisiana bankruptcy exemptions to property located in West Virginia, because federal law allowed the debtors to choose a state exemption scheme, and Louisiana law is not limited to in-state property. ...

Read More »