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Husband did not tell court about missing exhibit
Where husband did not provide the court with documentation about his wife’s retirement account, he cannot complain on appeal that the court awarded the account to wife instead of making an equitable distribution. Retirement account “Husband alleges that he had obtained documentation about wife’s retirement and submitted it to the circuit court. On October 3, […]
Despite challenge, evidence supports drug convictions
There was no error in the wiretaps used to identify defendant’s participation in a drug distribution ring. Moreover, the evidence was sufficient to support the convictions and there was no error in calculating the amount of heroin for sentencing purposes. Background A jury in the District of Maryland convicted defendant Olden Minnick of eight offenses […]
Disputed facts prevent review of qualified immunity ruling
An officer involved in a shooting was not entitled to qualified immunity because there were disputed issues of material fact over whether the danger had passed when he shot into a car. The same disputed issues meant immediate interlocutory appeal was not available. Background Officer Robert Cooper of the Forest Acres Police Department shot and […]
Challenge to Maryland’s ballot signature policy fails
The Libertarian Party of Maryland’s challenge to the state’s requirement for placing a candidate on the ballot – the signatures of 10,000 registered Maryland voters collected within two years of the filing date – was properly dismissed. As a matter of law, there is a “reasonable” fit between the signature policy and Maryland’s interest in ensuring […]
Capital defendant loses bid to file another habeas petition
Where a North Carolina inmate attempting to challenge his capital sentence on the basis of his intellectual disability could not establish that recent Supreme Court decisions applied retroactively to cases on collateral review, his motion seeking authorization to file a successive application for a writ of habeas corpus was denied. Background Timothy Richardson filed a […]
Surety’s claims against bank fail
A surety that paid out more than $3.7 million in claims failed in its attempt to sue the principal’s bank because its claims were time-barred, a negligence claim failed as a matter of law, there was no confidential relationship as required for a constructive fraud claim and the elements of breach of trust, constructive trust […]
Two holes-in-one are unlucky for PGA tournament host
Where the sponsor of a PGA tournament accepted the terms of a policy that insured payouts for a hole-in-one at least 170 yards in distance, its claims that the insurer breached duties by failing to obtain a policy covering holes-in-one from 137 yards was rejected. Background In July 2015, Old White Charities Inc. hosted and […]
Complaint to enforce support agreement properly dismissed
The circuit court correctly dismissed appellant’s complaint that alleged appellee breached an agreement to pay child support. The agreement was never incorporated into the circuit court’s final divorce order and, based on appellant’s representation that the JDR court had addressed custody, visitation and support matters, the circuit court transferred those matters back to the JDR […]
School board could terminate software contract
Where a multiyear software subscription contract was subject to an “appropriations” clause, and the record showed North Carolina’s Johnston County Board of Education decided not to appropriate money to the contract after the first year, the school board prevailed on the breach of contract claim. Background In this appeal, we review an order dismissing a […]
Upward sentence departure of 143 months found unreasonable
A defendant who pleaded guilty to arson and was convicted of making a false statement to influence a bank loan is entitled to resentencing because the district court failed to identify an aggravating circumstance not accounted for by the sentencing guidelines when imposing a 240-month sentence, which represented a 143-month upward departure from the guidelines. […]
Police had reasonable suspicion to detain defendant
Where a law enforcement officer knew there was a warrant for someone named “Lewis,” knew the defendant was known as “Lewis” and the defendant fled when he was told about the warrant, the officer had reasonable suspicion to detain him. Curtilage argument Before the district court, appellant asserted there was a lack of reasonable suspicion to […]
En banc panel declines to review habeas ruling
On the question of whether juror misconduct—seeking a pastor’s advice about the death penalty during deliberations and relaying that communication to other jurors—influenced the jury’s decision to impose the death penalty, a majority of the panel denied an en banc hearing. Background A requested poll of the court failed to produce a majority of judges […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
