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Recent Articles from Deborah Elkins
Contract – Software – License Agreement – Reverse Engineering – Civil Practice – Res Judicata – Injunctive Relief
SAS Institute, Inc. v. World Programming Ltd. (Lawyers Weekly No. 001-189-17, 34 pp.) (J. Harvie Wilkinson III, J.) No. 16-1808; Oct. 24, 2017; USDC at Raleigh, N.C. (Louise Flanagan, J.) 4th Cir. Holding: A software developer can pursue its claim that defendant breached its license agreement despite a U.K. court’s ruling that E.U. law barred […]
Constitutional – First Amendment – Establishment Clause – War Memorial – 40-Foot Cross
American Humanist Association v. Maryland-National Capital Park & Planning Commission (Lawyers Weekly No. 001-188-17, 48 pp.) (Stephanie Thacker, J.) (Roger Gregory, C.J., concurring in part & dissenting in part) No. 15-2597; Oct. 18, 2017; U.S.D.C. at Greenbelt, Md. 4th Cir. Holding: A 40-foot tall Latin cross that is maintained with state funds at a busy […]
Labor & Employment – Public Employees – Constitutional – Free Speech & Association – Assistant State’s Attorney
Borzilleri v. Mosby (Lawyers Weekly No. 001-187-17, 13 pp.) (J. Harvie Wilkinson III, J.) No. 16-1751; Oct. 17, 2017; USDC at Baltimore, Md. (J. Frederick Motz, S.J.) 4th Cir. Holding: Since assistant state’s attorneys implement the policies of their elected bosses, the newly elected defendant-state’s attorney could fire the plaintiff-ASA for supporting defendant’s electoral opponent. [&hell[...]
Constitutional – Freedom of Speech – Circus Protestors – Designated Areas – Prior Decision
Lucero v. Early (Lawyers Weekly No. 001-186-17, 10 pp.) (Stephanie Thacker, J.) No. 16-1767; Oct. 13, 2017; USDC at Baltimore, Md. (J. Frederick Motz, S.J.) 4th Cir. Holding: In Ross v. Early, 746 F.3d 547 (4th Cir. 2014), this court affirmed a district court decision upholding a “protocol” that requires those protesting a circus’s treatment […]
Zoning – Constitutional – Due Process & Equal Protection – Self-Storage Project – Proximity to School
Siena Corp. v. Mayor & City Council of Rockville Maryland (Lawyers Weekly No. 001-185-17, 17 pp.) (J. Harvie Wilkinson III, J.) No. 16-1732; Oct. 13, 2017; USDC at Greenbelt, Md. (Roger Titus, S.J.) 4th Cir. Holding: Although plaintiff bought land with the intent to build a self-storage facility thereon, it had not even satisfied the […]
Criminal Practice – Sentencing – Prior Conviction – Crime of Violence – W.Va. Aggravated Robbery
United States v. Salmons (Lawyers Weekly No. 001-184-17, 10 pp.) (J. Harvie Wilkinson III, J.) No. 16-4316; Oct. 12, 2017; USDC at Charleston, W.Va. (Thomas Johnston, C.J.) 4th Cir. Holding: At the time of defendant’s West Virginia conviction for aggravated robbery, that crime was defined as the successful or attempted commission of a “robbery by […]
Civil Practice – Appeals – Interlocutory – Amended Complaint – Admiralty
Fawzy v. Wauquiez Boats SNC (Lawyers Weekly No. 001-183-17, 10 pp.) (Paul Niemeyer, J.) No. 16-2311; Oct. 12, 2017; USDC at Baltimore, MD (Richard Bennett, J.) 4th Cir. Holding: Roughly an hour before the district court entered its order granting defendant’s motion to dismiss for lack of admiralty jurisdiction, plaintiff filed an amended complaint – […]
Environmental – State Law Preempts Local Wastewater Rule
EQT Production Co. v. Wender (Lawyers Weekly No. 001-179-17, 32 pp.) (Harris, J.) No. 16-1938, Aug. 30, 2017; USDC at Charleston W.Va. (Copenhaver, J.) 4th Cir. Holding: A West Virginia county’s local ordinance prohibiting the disposal of wastewater from plaintiff oil and natural gas company’s wells in the county is preempted by the state’s complex […]
Criminal Practice – Post-Offense Evidence Supports Death Penalty
U.S. v. Torrez (Lawyers Weekly No. 001-178-17, 91 pp.) (Thacker, J.) No. 14-1, Aug. 28, 2017; USDC at Alexandria, Va. (O’Grady, J.) 4th Cir. Holding: A 4th Circuit panel upholds defendant’s conviction for first-degree murder in the 2009 killing of a 20-year-old female Navy intelligence specialist; a divided panel upholds his death sentence. Appellant Jorge […]
Criminal Practice – No Resentencing Based on USSG Residual Clause
U.S. v. Brown (Lawyers Weekly No. 001-177-17, 27 pp.) (Duncan, J.) No. 16-7056, Aug 21, 2017; USDC at Charleston, S.C. (Duffy, J.) 4th Cir. Holding: A drug defendant sentenced as a career offender under the federal sentencing guidelines cannot show his motion for resentencing under Johnson v. U.S. is timely, as the Supreme Court has […]
Criminal Practice – Grand Jury Queries Defense Team on Phony Document
In re: Grand Jury Subpoena Under Seal 1, 2 and 3 (Lawyers Weekly No. 001-176-17, 8 pp.) (Per Curiam) No. 16-4096, Aug. 18, 2017; USDC at Charlotte, N.C. (Conrad, J.) 4th Cir. Holding: A grand jury investigating defendant’s provision of a fraudulent document may not ask a criminal defense team “what did the witness tell […]
Criminal Practice – No More Pretrial Seizure of ‘Innocent’ Assets
U.S. v. Chamberlain (Lawyers Weekly No. 001-175-17, 15 pp.) (Wynn, J.) No. 16-4313, Aug. 18, 2017; USDC at Raleigh, N.C. (Howard, J.) 4th Cir. Holding: The en banc 4th Circuit overrules its prior precedent permitting pretrial restraint of a defendant’s innocent property under the federal criminal forfeiture statute, and joins other federal courts of appeal […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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