An entire award to a farmer who argued that his insurance company breached a contract was vacated because the arbitrator exceeded her authority by awarding extra-contractual damages, which can only be awarded by a court; and although her decision included ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Stephanie Dawn Thacker

Although evidence obtained during a military search of the defendant’s cellphone was inadmissible because it violated the Military Rules of Evidence, the good-faith exception to the exclusionary rule and “fruit of the poisonous tree” doctrine nonetheless allowed the government to ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Stephanie Dawn Thacker

Where an employee’s depression resulted in repeated absences and tardiness from work, her employer’s refusal to offer her a permanent position did not constitute unlawful discrimination or retaliation. Background In March 2011, the Office of the Director of National Intelligence ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Stephanie Dawn Thacker

The appellate court found that although the Forest Service had “serious environmental concerns,” it was “suddenly, and mysteriously, assuaged in time to meet a private pipeline company’s deadlines” in issuing a permit for the Atlantic Coast Pipeline, a natural gas ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Stephanie Dawn Thacker

The 4th U.S. Circuit Court of Appeals said the state court erred in not allowing an expert for a convicted murderer to testify on the probability of the defendant committing future violent acts in prison, which went directly to the dangerousness ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Stephanie Dawn Thacker

In a habeas challenge brought by a defendant on death row for the murder of a Norfolk law enforcement officer, an evidentiary hearing is necessary to determine whether juror bias tainted the conviction. Despite a straightforward inquiry by trial counsel, ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Stephanie Dawn Thacker

Under three environmental statutes, the Bureau of Land Management and U.S. Forest Service improperly approved rights-of-way through federal lands for Mountain Valley Pipeline’s construction and operation of the largest pipeline of its kind to cross the Jefferson National Forest. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Environmental Judge Stephanie Dawn Thacker

Protracted litigation repeatedly put consumer-plaintiffs on notice that their complaints failed to meet Rule 8 pleading standards, but they never amended their complaints during this time despite having leave to do so. Thus, the district court did not err in ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Class Action Judge Stephanie Dawn Thacker

Federal prosecutors had a change of heart last month about a convicted drug dealer who claimed his sentence was too long because of a mutual mistake about his status. The government dropped its opposition and agreed to a lesser sentence ...

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

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

Tagged with: Judge Henry F. Floyd Judge Jackson L. Kiser Judge Randolph A. Beales Judge Robert J. Humphreys Judge Stephanie Dawn Thacker