Where a company sought to enjoin North Carolina state officials from citing the company for alleged workplace violations, on the basis the citations violated federal law, their suit may proceed. Because the officials were sued in their official capacity and the declaratory and injunctive relief sought was prospective, the officials were not entitled to Eleventh […]
State officials sued for violating federal law
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Court clarifies service under Rule 5(b)(2)(C)
Where the return of mail as undeliverable establishes that notice of a judgment or order was not received, service pursuant to Rule 5(b)(2)(C) is not the functional equivalent of notice for purposes of Rule 4(a)(6). Background Melodie Shuler, an attorney, filed a civil rights action against two Orangeburg County, South Carolina sheriff’s deputies. As a […]
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Company retaliated against whistleblower
Where a truck driver was terminated soon after he revealed that he had collected and submitted evidence showing his company violating the law, and the company admitted that it terminated him in part because he removed and copied documents and recorded employee conversations, he was awarded $107,940.07 in backpay and $5,000 in emotional distress damages. […]
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Infringer ordered to disgorge $43M in profits
Where the district court did not err in finding that a company infringed another company’s trademark and breached a prior settlement agreement, the infringing company was ordered to disgorge the $43 million of its profits that stemmed from its infringing activity. Background Dewberry Engineers owns federal trademark rights to the “Dewberry” mark and claims Dewberry […]
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Suit against jail officials for woman’s suicide is revived
In light of intervening Supreme Court authority, prior circuit precedent was abrogated. The circuit now holds that pretrial detainees can state a claim based on a purely objective test under the Fourteenth Amendment for prison officials’ deliberate indifference to excessive risks of harm to the inmate. The complaint here sufficiently alleged a deliberate indifference claim […]
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Sentencing court erred imposing enhancement
Where the sentencing court imposed a two-level enhancement for reckless endangerment during flight because it reasoned that “running away from law enforcement with a loaded rife is reckless in and of itself,” it erred. Flight with a loaded firearm, without more, is not sufficient to warrant application of the enhancement. Background Eric Henderson appeals his […]
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ALJ erred giving little weight to treating doctor
Where the opinions of a “treating source” were consistently supported by the medically acceptable clinical and laboratory diagnostic information provided in the records, they were entitled to controlling weight by the administrative law judge. The ALJ thus erred by failing to articulate a “good reason,” supported by substantial evidence in the record, for according little […]
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Denial of disability benefits reversed
The 4th U.S. Circuit Court of Appeals has reversed a decision by an administrative law judge, or ALJ, to deny a woman’s disability benefits because the ALJ did not communicate a “good reason” for giving little weight to the opinions of the woman’s treating physician.
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Record supports drug user conclusion
Where a man challenged the sentencing court’s conclusion that he was an unlawful user of controlled substances, but described himself as “addicted” to marijuana, offered no evidence that he ever sought treatment for drug addiction or took efforts to cease using the controlled substance and did not indicate that he had overcome the addiction, the […]
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Doctor’s 861 opioid-related convictions are vacated
Where the jury that convicted a doctor on 861 counts related to his opioid-prescription practices was improperly charged, his convictions and the resulting 480-month sentence were vacated. Background Joel Smithers, until this prosecution a doctor of osteopathy, was convicted on 861 counts, all related to his opioid-prescription practices. He was sentenced to a total of […]
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