4th Circuit Daily Opinions
Natalie Thomas v. EOTech, LLC - Employment Law Opinion
The Fourth Circuit Court of Appeals ruled that private parties cannot prospectively shorten the time employees have to sue their employers under Title VII or the ADEA. The court vacated a district court's decision that enforced a 180-day limitations agreement, finding it disrupted statutory remedial schemes.
Brian Farabee v. Commissioner - Appeal of Habeas Corpus Petition Dismissal
The Fourth Circuit Court of Appeals dismissed Brian Farabee's appeal of a district court order that dismissed his habeas corpus petition. The dismissal was based on Farabee's failure to exhaust state court remedies, and a certificate of appealability was denied.
Wilson Ochar v. Ameris Bank - Appeal Dismissed in Part, Affirmed in Part
The Fourth Circuit Court of Appeals dismissed in part and affirmed in part the district court's order in Wilson Ochar v. Ameris Bank. The appeal regarding the dismissal of consolidated actions was dismissed for lack of jurisdiction due to a late filing, while the prefiling injunction was affirmed.
Ochar v. Apple Federal Credit Union - Civil Action Dismissal
The Fourth Circuit Court of Appeals affirmed the district court's dismissal of Wilson Ochar's civil action against Apple Federal Credit Union and denied his motion to amend the judgment. The court also affirmed the imposition of a prefiling injunction against Ochar.
Ochar v. Ameris Bank - Affirmation of Dismissal
The Fourth Circuit Court of Appeals affirmed a district court's order dismissing a civil action filed by Wilson Ochar against Ameris Bank and other financial institutions. The court denied the appellant's motions for amended brief, consent orders, recusal, and sanctions.
Crawford v. Prince George's County Schools - ADA Claim Affirmed
The Fourth Circuit Court of Appeals affirmed a district court's decision granting summary judgment to Prince George's County Public Schools in a failure-to-accommodate claim under the Americans with Disabilities Act. The court denied a motion to dismiss the appeal as untimely, finding excusable neglect for an extension.
Bohatikov v. Bohatikova - Hague Convention Child Abduction
The Fourth Circuit affirmed a district court's decision to return two children to Wales under the Hague Convention. The court found the children's habitual residence was Wales and rejected the mother's grave risk defense. The opinion clarifies the application of the Hague Convention and International Child Abduction Remedies Act.
Elon Musk Petition for Writ of Mandamus - Deposition Protective Order
Elon Musk and several government entities filed a petition for a writ of mandamus with the Fourth Circuit Court of Appeals after a district court denied their motion for a protective order. The protective order sought to prevent the deposition of Musk and other high-ranking officials in a case alleging violations of the Appointments Clause and separation of powers principles.
US v. Kenneth Hart - Opinion Affirmed
The Fourth Circuit Court of Appeals affirmed the district court's resentencing of Kenneth Wayne Hart to 300 months. Hart was convicted of drug and sex trafficking offenses. The court found his arguments regarding procedural and substantive unreasonableness of the sentence to be without merit.
Johnson v. Adams - Appeal of Pretrial Detainee's Death
The Fourth Circuit affirmed a district court's grant of summary judgment in favor of prison employees and a medical contractor in a lawsuit alleging deliberate indifference to a pretrial detainee's medical needs. The court found no genuine dispute of material fact regarding the defendants' liability for the detainee's death.
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