An emergency medical services employee adequately alleged a violation of the Fair Labor Standards Act under the theory of “overtime gap time,” the 4th U.S. Circuit Court of Appeals has ruled in reversing summary judgment for the employer. The district ...
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“This has to stop.” With just four words, the 4th U.S. Circuit Court of Appeals has laid down a marker. The court was reviewing the case of a black homeless man in West Virginia who was stopped by a ...
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Read More »A federal appeals court has denied qualified immunity for a police officer who shot and killed a citizen’s dog when the dog allegedly posed no threat. The Jan. 22 decision by the 4th U.S. Circuit Court of Appeals revives a ...
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Read More »A federal prosecutor and a recently-appointed federal judge from South Carolina were confirmed by the U.S. Senate Aug. 16 to fill vacancies in the 4th U.S. Circuit Court of Appeals. U.S. District Court Judge A. Marvin Quattlebaum was confirmed by ...
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A serial killer on North Carolina’s death row had no constitutional right under Simmons v. South Carolina to inform the sentencing jury that because he was already ineligible for parole, he did not pose a continuing danger to society, the ...
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A federal inmate seeking habeas corpus relief now will have his petition considered on its merits. The en banc 4th U.S. Circuit Court of Appeals overturned a 2011 decision, finding a retroactive change in the law rendered the man’s ...
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The 4th U.S. Circuit Court of Appeals stated in a recent decision that it was time to turn common practice into precedence for cases in which district courts have dismissed claims for failure to plead sufficient facts, finding unanimously on ...
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BALTIMORE — A lawyer’s premature disclosure of her client’s sealed whistleblower lawsuit does not necessarily doom the litigation, a U.S. appeals court ruled Monday in reviving a construction worker’s claim that a Maryland company violated the federal False Claims Act ...
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Read More »The 4th U.S. Circuit Court of Appeals has vacated and remanded the sentence of a member of a Maryland-based prison gang charged with multiple counts of murder and racketeering, but the panel’s reasoning in John Adams’ case is unknown because ...
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Read More »CHARLOTTE — A federal appeals court is hearing arguments in a case challenging a new North Carolina voting law that critics say will suppress minority voter turnout in November. The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals set Thursday ...
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North Carolina Lawyers Weekly
