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Tag Archives: 4th Circuit

No Amendment of Dismissed Complaint

Calvary Christian Center v. City of Fredericksburg, Va. A church that filed a lawsuit challenging a city’s denial of a special use permit to allow it to expand its child-care program could not amend its complaint because the complaint already had been dismissed by the district court; the 4th Circuit says there simply was no complaint pending to amend.

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U.S. 4th Circuit smacks down flawed searches

A pair of rare conviction reversals by the 4th U.S. Circuit Court of Appeals on search-and-seizure grounds signal that contrary to the assumptions of many in the defense bar, it’s worthwhile to challenge government evidence on Fourth Amendment grounds, defense attorneys told Lawyers Weekly. However, the reversals shouldn’t be interpreted as an ideological sea change on one of the most conservative federal courts in the nation, attorneys said.

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Labor & Employment – Age Discrimination Claim – EEOC Subpoena – Training & Hiring Records – Legislative Immunity

EEOC v. Washington Suburban Sanitary Comm’n (Lawyers Weekly No. 11-01-0131, 17 pp.) (Wilkinson, J.) No. 09-2263, Jan. 26, 2011; USDC at Greenbelt, Md. (Williams, J.) 4th Cir. Holding: Although the Washington Suburban Sanitary Commission claims legislative immunity against an EEOC ...

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4th Circuit: Offer letter didn’t moot overtime case

The "junior asset managers" of a Charlotte mortgage-servicing firm answered phones and collected payments. They didn't supervise others, didn't make final decisions on how to process accounts - and at one point they were asked to fill out time cards to document their hours. Yet the workers at United Mortgage and Loan Investment routinely were asked to work more than 40 hours a week and were deemed exempt from federal wage and hour laws that require overtime pay.

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