On January 8, Fourth Circuit Court of Appeals, in United States ex rel. Badr v. Triple Canopy Inc., embraced a theory of implied certification under the False Claims Act (“FCA”), representing a departure from prior Fourth Circuit jurisprudence.
On December 18, the Fourth Circuit gave appellants an early Christmas/timely Hanukkah/late Ramadan present when it clarified the requirements for a notice of appeal in Jackson v. Lightsey, Case No. 13-7291. Jackson is a deliberate-indifference Section 1983 action.
Sixth Circuit: Spraying Naked Pretrial Detainees in Front of Bystanders May Violate Fourth Amendment
A Sixth Circuit panel unanimously held last week in Williams v. City of Cleveland that pretrial detainees forced to “undress in the presence of other detainees and to have their naked genitals sprayed with delousing solution” stated a viable claim under § 1983 and the Fourth Amendment.
There’s a lot to like about practicing in the Fourth Circuit–the case managers are excellent, the local rules and IOPs are intuitive, and the staff is remarkably responsive.
Fourth Circuit Puts Teeth into Ascertainability, Commonality, and Predominance Requirements for Class Certification
Sometimes it’s hard to know who’s in a class without substantial individualized inquiries. Can a court certify a class of persons with allegedly similar injuries by pigeonholing the question of class membership as a question of damages to be determined later?
A powerful weapon in any policyholder’s arsenal is the potential to argue that an insurer waived its right to rescind a policy or deny coverage. Successfully arguing waiver may allow a policyholder to obtain coverage even where it is alleged to have made material misrepresentations in the policy application or failed to meet a condition precedent.
Fourth Circuit Denies As Untimely a Request to Review a Decision On a Motion to Decertify a Class in Light of Comcast V. Behrend
On July 25, 2014, a three-judge panel of the Fourth Circuit refused to accept a Rule 23(f) interlocutory appeal in a case where an employer had asked the district court to decertify a hostile work environment class in light of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013).
Could’ve, Would’ve. What Should a Fiduciary Do? Fourth Circuit Decision Could Spell More Uncertainty for Retirement Plan Fiduciaries
Coming on the heels of the U.S. Supreme Court’s Dudenhoeffer decision, which eliminated a pro-fiduciary presumption with respect to company stock holdings in qualified retirement plans, the 4th Circuit issued a decision last week that could cause even more unrest for plan fiduciaries.
It was the best of times for ACA subsidies, it was the worst of times for ACA subsidies.
See No Harassment, Hear No Harassment? Not Anymore: the Fourth Circuit Holds Employer Liable for Third-Party Harassment.
Employers may risk peril if they ignore third-party harassment claims. In Freeman v. Dal-Tile Corp., No 13-1481, 2014 WL 1678422 (4th Cir. April 29, 2014), the Fourth Circuit recently ruled that a negligence standard applies to third-party harassment claims under Title VII.