February 6, 2017 Consumer Protection Law, Health Law, Military Law, Government Benefits, Cyberspace Law (United States Fourth Circuit) - In consolidated appeals brought by veterans who received medical treatment and health care at the William Jennings Bryan Dorn Veterans Affairs Medical Center (Dorn VAMC) against the Secretary of Veterans Affairs and Dorn VAMC officials, alleging violations of the Privacy Act of 1974, 5 U.S.C. section 552a et seq., and the Administrative Procedure Act (APA), 5 U.S.C. section 701 et seq., after two data breaches at the Center compromised their personal information, the district court's dismissal of the actions for lack of subject-matter jurisdiction is affirmed where Plaintiffs failed to establish a non-speculative, imminent injury-in-fact for purposes of Article III standing.
February 3, 2017 Civil Rights, Criminal Law & Procedure (United States Fourth Circuit) - In a 42 U.S.C. section 1983 action alleging violations of plaintiff's constitutional rights when she was arrested and held in police custody for eighty days, specifically Fourth Amendment and tort claims in both direct and supervisory contexts, all of which center around the allegation that she was arrested without probable cause, the district court's grant of summary judgment to defendants on all claims is reversed and remanded where a criminal history, common race, common gender, and unfortunately common name is not enough to establish probable cause that plaintiff illegally possessed and sold crack cocaine.
February 2, 2017 Dispute Resolution & Arbitration, Judgement Enforcement, International Law (United States Fourth Circuit) - In a case in which a creditor secured a judgment securing in Iraq for non-payment of a promissory note and sought to have a recognized in federal district court, the district court's judgment that the judgment was not entitled to recognition given that the parties had agreed to arbitrate their disputes, is vacated where genuine issues of material fact remain as to whether the debtor lost his right to arbitrate by utilizing the Iraqi judicial process.
February 2, 2017 Sentencing, Criminal Law & Procedure (United States Fourth Circuit) - Sentence for conviction of carjacking, in violation 18 U.S.C. section 2119, is affirmed where the carjacking statute qualifies as a crime of violence under section 924(c), because the carjacking statute 'has as an element the use, attempted use, or threatened use of physical force against the person or property of another,' 18 U.S.C. section 924(c)(3)(A).
William Vogeler, Esq. February 6, 2017 Reversing a $3 million verdict for a driver who was injured when his car's accelerator jammed and smashed into a brick wall, a federal appeals court said the plaintiff's expert was not qualified to testify about the accelerator. The...
Casey C. Sullivan, Esq. January 25, 2017 The Fourth Circuit ruled on Monday, in an en banc decision, that police are justified in frisking individuals with concealed firearms, regardless of whether that individual could have a concealed carry permit or not. The fact that someone may...
Casey C. Sullivan, Esq. January 13, 2017 The Supreme Court on Tuesday acted to stay an order that would have required North Carolina to redraw its state legislative districts by March 15th and hold special elections in the fall. That order, issued by a three-judge federal...
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