Fabrication claims revived in wrongful conviction lawsuit
The 4th U.S. Circuit Court of Appeals revived fabrication-of-evidence claims brought by two men whose murder conspiracy convictions were vacated more than 20 years after they were sentenced […]
Clinical evidence supports renewed pornography ban on supervised release
The 4th U.S. Circuit Court of Appeals affirmed the reimposition of a pornography ban as a condition of supervised release, holding that new, individualized clinical evidence tied the […]
Untimely ERISA appeal decision forfeits deferential review
The 4th U.S. Circuit Court of Appeals held that a disability-plan administrator that failed to timely decide an ERISA appeal could not claim deferential judicial review of its benefits decision. […]
4th Circuit: Ruling vacates sanctions against debtor
Where the district court sanctioned the debtor for selling her house without permission, in violation of a local rule, but it failed to consider testimony that she relied on the […]
4th Circuit: Court correctly applied sentence enhancement
Where the record supported the conclusion that the defendant controlled the activities of other participants or exercised management responsibility in a conspiracy involving large quantities of methamphetamine in various forms, […]
4th Circuit: Court vacates class definition in overtime suit
Where the class certified by the District Court in an overtime suit had only one parameter — that class members must have worked for the company as a shift manager […]
4th Circuit: Appeal waiver forecloses challenge to sentence
South Carolina Lawyers Weekly Staff Where a man argued the District Court erred when it sentenced him as an armed career criminal, his appeal was barred by the appeal waiver […]
4th Circuit: Fentanyl distribution sentence vacated, remanded
Where a recent decision from this court requires the sentencing court to make specific particularized findings as to the scope of the defendant’s agreement to jointly undertake criminal activity, as […]
Trump likely to deepen conservative lineup on bench
By Pat Murphy While acknowledging President Donald J. Trump’s recent penchant for throwing in a wild card or two (or three) when choosing candidates to fill positions in his […]
4th Circuit: Drug defendant’s sentence vacated a second time
Where a defendant who pleaded guilty to federal drug charges argued the drug quantity in the presentence report, or PSR, was based on unreliable information from informants, that he should […]
4th Circuit: District Court erred when it failed to heed remand order
Where this court previously held that school officials were entitled to public official immunity and that the claims against them must be dismissed, the District Court erred when it allowed […]
4th Circuit: City breached settlement agreement
Where the city of Charlotte resolved an employment discrimination suit with a firefighter but it failed to treat the employee’s payment as pension-eligible wages, it breached the agreement. The payment […]
Business Law
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