Duke v. State of North Carolina (Lawyers Weekly No. 001-171-14, 69 pp.) (Wynn, J.) No. 14-1845, Oct. 1, 2014; USDC at Greensboro, N.C. (Schroeder, J.) 4th Cir. Holding: The 4th Circuit reverses denial of an injunction against provisions of a ...Read More »
Civil Rights – ADA – Administrative – Medicaid Waiver – Risk of Institutionalization – Budget Reduction – Rulemaking – Notice
Stogsdill v. South Carolina Department of Health & Human Services (Lawyers Weekly No. 011-107-14, 13 pp.) (Aphrodite Konduros, J.) Appealed from the Administrative Law Court (Carolyn Matthews, ALJ) S.C. App. Holding: Appellant produced uncontradicted evidence that the respondent’s reduction in ...Read More »
Robinson v. Carealliance Health Services (Lawyers Weekly No. 002-167-14, 9 pp.) (Richard Gergel, J.) 2:13-cv-01916; D.S.C. Holding: As a physician with staff privileges at the defendant-hospital, plaintiff is not an employee and so may not seek accommodation under Title I ...
Tagged with: disability discriminationRead More »
Smith v. Murphy (Lawyers Weekly No. 002-164-14, 10 pp.) (Joseph Anderson Jr., J.) 0:11-cv-02395; D.S.C. Holding: The defendant-law enforcement officers were providing security at a crowded racetrack when, after a collision damaged plaintiff’s car, they were warned – purportedly by ...Read More »
Sloan v. South Carolina Department of Revenue (Lawyers Weekly No. 010-098-14, 6 pp.) (John Kittredge, J.) (Costa Pleicones, J., joined by Kaye Hearn, J., concurring in part & dissenting in part) Appealed from Richland County Circuit Court (G. Thomas Cooper ...
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Cherry v. Mayor & City Council of Baltimore City (Lawyers Weekly No. 001-157-14, 19 pp.) (Keenan, J.) No. 13-1007, Aug. 6, 2014; USDC at Baltimore, Md. (Garbis, J.) 4th Cir. Holding: A Baltimore local ordinance substituting a cost-of-living adjustment for a “variable benefit” ...
Tagged with: pensionRead More »
Civil Rights – Same-Sex Marriage – Fundamental Rights – Constitution – Due Process – Equal Protection
Bostic v. Schaefer (Lawyers Weekly No. 011-150-14, 98 pp.) (Floyd, J.) No. 14-1167, July 28, 2014; USDC at Norfolk (Allen, J.) 4th Cir. In a 2-to-1 panel vote, the 4th Circuit affirms a district court decision striking Virginia’s ban on same-sex marriages, with ...
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Massey v. Ojaniit (Lawyers Weekly No. 011-142-14, 32 pp.) (King, J.) No. 13-1460, July 21, 2014; USDC at Charlotte, N.C. (King, J.) 4th Cir. Holding: Although a state trial court struck the five criminal verdicts against plaintiff through information about ...
Tagged with: misidentificationRead More »
Perry v. Bullock (Lawyers Weekly No. 010-078-14, 9 pp.) (Kaye Hearn, J.) (Costa Pleicones, J., dissenting) Appealed from Sumter County Circuit Court (Clifton Newman, J.) S.C. S. Ct. Holding: An autopsy is a thorough and invasive inquiry into the body ...Read More »