Haynsworth Sinkler Boyd announced that Reid Sherard has joined the firm as a shareholder and Ian Conits has joined as an associate. Sherard will lead the firm’s family law practice and concentrates his practice in complex divorce-related litigation. Conits focuses ...
Read More »Lawyers in the News – Aug. 31
Criminal Practice – FBI’s two-step interview did not violate ‘Miranda’ 
Where an FBI attaché interviewed the defendant about his association with the Islamic State of Iraq without providing him Miranda warnings, and a different team of FBI agents interviewed him 10 days later after giving Miranda warnings, there was no Miranda violation. Even if the government’s ...
Read More »Labor & Employment – Claim not cognizable under Equal Protection Clause 
Where a former deputy commonwealth’s attorney brought a claim under the 14th Amendment’s Equal Protection Clause claiming she was fired in retaliation for reporting alleged sex discrimination, her claim was dismissed because the Equal Protection Clause cannot sustain a pure ...
Read More »Labor & Employment – Allowing single-stock fund in 401(k) plan might violate ERISA 
Allegations that a 401(k) plan sponsor and management committee ignored an imprudent single-stock fund for several years was sufficient to support claims for breaches of the fiduciary duties of prudence and diversification imposed by the Employee Retirement Income Security Act ...
Read More »Criminal Practice – Warrant was constitutionally specific 
Where a search warrant issued in the course of a murder investigation specifically identified the computer to be searched, the items to be seized and the reasons for the search and seizure, the motion to suppress child pornography found on ...
Read More »Civil Rights – Indicia of innocence support malicious prosecution claim 
A jury will decide if a police officer’s arrest of a 62-year-old man for congregating on the sidewalk and maintaining the charge for three years before dropping it before trial, together with other circumstantial evidence, support a claim for malicious ...
Read More »Arbitration – Panel did not disregard law in ruling for investors 
Where a broker executed trades on investors’ portfolio margin accounts in clear violation of a rule of the Financial Industry Regulatory Authority Inc., or FINRA, the arbitration panel did not manifestly disregard the law by imposing liability against the broker, ...
Read More »Constitutional – Nationwide injunction over new DHS rule was error 
Where the Department of Homeland Security’s new definition of “public charge” in the Immigration and Nationality Act, or INA, was permissible, a nonprofit’s challenge to the definition failed because it could not show a likelihood of success on its claim. ...
Read More »Constitutional – Gun shop has standing to challenge handgun licensing law 
Where a gun shop lost sales as a result of Maryland’s handgun licensing law, its ability to sell handguns was constrained and the injury could be redressed by a favorable decision, the shop had standing to challenge the statute. It ...
Read More »Tort – Pain clinic not defamed by minor errors in CBS broadcasts 
Minor inaccuracies in two CBS Evening News reports about a West Virginia pharmacy and its role in the opioid crisis did not support a claim for defamation because the broadcast likely had the same effect on the viewer as the ...
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