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Compulsory counterclaim not subject to exhaustion
In an issue of first impression, the court joined the Third and Fifth Circuits in concluding that the pre-suit requirements of 20 U.S.C. § 1415(i)(2) apply only to the party […]
Suit over ‘Whitey’ Bulger’s death dismissed
Where the estate of James “Whitey” Bulger alleged that the United States and prison officials should be held responsible for failing to protect him from an attack by fellow inmates […]
4th Circuit: ACPA covers domain re-registrations
Cybersquatters may violate federal law even if they aren’t the original registrants of the challenged domain, according to a ruling from the 4th U.S. Circuit Court of Appeals. In a […]
ACPA applies to re-registrations
In an issue of first impression, the court held that although a company was not the initial registrant of the relevant domain name, it could nonetheless be held liable for […]
4th Circuit: No implied right to record TSA agents
A lower court’s recognition of a new cause of action against Transportation and Security Administration, or TSA, officers who seized a man’s cell phone and prohibited him from recording his […]
Lawsuit against TSA agents dismissed
Where a man alleged that two Transportation and Security Administration, or TSA, officers, violated the First Amendment by prohibiting him from recording a pat-down search and the Fourth Amendment by […]
Appeal doomed by party’s own conduct
Where a party argued that it should not be required to exhaust administrative remedies because the administrative process would effectively result in a complete preclusion of review, but then admitted […]
Counsel didn’t render ineffective assistance
Where the government obtained the defendant’s historical cellular site location information, or CSLI, in good-faith reliance upon then-existing law, the defendant’s counsel did not render ineffective assistance by failing to […]
Detainee can’t sidestep § 2225’s requirements
Where a detainee’s motion for compassionate release argued that his convictions and sentence were unlawful, his motion was denied. Because 28 U.S.C. § 2255 is the exclusive method of collaterally […]
First Step Act decisions must be procedurally, substantively reasonable
Where procedural and substantive reasonableness requirements are necessary to ensure the broad remedial purposes of the First Step Act, but the district court here did not explain why it believed […]
Federal employee’s suit not a ‘mixed case’
Where a federal employee claimed his suit challenging the Drug Enforcement Agency, or DEA’s, failure to select him for any of the GS-15 positions for which he applied was a […]
Preliminary injunction doesn’t confer ‘prevailing party’ status for attorneys’ fees
Where the plaintiffs obtained a preliminary injunction against enforcement of a Virginia statute that triggered the automatic suspension of driver’s licenses for nonpayment of court costs and fines, and the […]
Verdicts & Settlements
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice – Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
Opinion Digests
- Freedom of Information – Exemption 5 protects draft PTAB written decision
- Fraud – Homeowners’ RICO claim is dismissed
- Criminal – Sex-offender convicted of providing false information
- Evidence – Defendants must respond to post-judgment discovery
- Patent and trademark – Several claims found to be ineligible for patent protection
- Criminal – Evidence supports robbery conviction
- Administrative – Internal Communications Among Patent Judges – Withheld Materials
- Criminal – Denial of continuance wasn’t abuse of discretion
- Criminal – Felony eluding conviction violated Double Jeopardy clause
- Criminal – Defendant was wrongly convicted of two counts of hit-and-run
- Criminal – Sexually-violent predator denied conditional release
- Constitutional – Redistricting effort violated Virginia Constitution
