Justia U.S. 4th Circuit Court of Appeals Opinion Summaries

Plaintiff brought this action, alleging that her former employer, the County, unlawfully discriminated against her by offering her a less favorable severance package than that offered to male employees holding similar positions. The district court dismissed the complaint. The court held that the district court erred in dismissing plaintiff's complaint on the theory that the discriminatory denial of a non-contractual employment benefit could not constitute an adverse employment action; the district court's alternative rationale for dismissing the complaint, that she suffered no adverse employment action because the County fired her before it made its allegedly discriminatory offer, also failed because it ignored the well-pleaded factual allegations in the complaint and because Title VII protects both current and former employees from discriminatory adverse employment actions. The court granted leave to the district court to consider, in the first instance, two additional arguments raised by the County. Accordingly, the court reversed and remanded. View "Gerner v. County of Chesterfield, VA" on Justia Law

A Pentagon police officer allegedly assaulted plaintiff, a contract security officer assigned to the Pentagon, while they were stationed at a security checkpoint for Pentagon employees. Plaintiff sued the United States for assault under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2680(h), and the district court granted summary judgment to the United States. The court held that section 2680(h) waived the United States' sovereign immunity regardless of whether an officer was engaged in an investigative or law enforcement activity when he committed an assault. Accordingly, the court reversed and remanded the case for further proceedings. View "Ignacio v. United States" on Justia Law

Plaintiff, a citizen of the Philippines, brought suit against defendants for damages arising from severe injuries he sustained aboard the M/V Asian Spirit in the Chesapeake Bay near Baltimore. Plaintiff's complaint alleged multiple clams against defendants, including unseaworthiness, maintenance and cure, breach of contract, violation of the Seaman's Wage Act, 46 U.S.C. 10313(i), and negligence under general maritime law and the Jones Act, 46 U.S.C. 30104. The court affirmed the district court's judgment that the Arbitration Clause at issue was enforceable and that plaintiff must arbitrate his claims against defendants in the Philippines. Nevertheless, the court vacated the dismissal of the case and remanded for reinstatement thereof, for assessment of the injunction request, for entry of a stay pending arbitration to ensure that plaintiff would have an opportunity at the award-enforcement stage for judicial review of his public policy defense based on the prospective waiver doctrine, and for such other and further proceedings. View "Aggarao, Jr. v. Mol Ship Mgmt. Co." on Justia Law

This appeal arose from a dispute between incumbent local exchange carriers that provide service in rural areas of North Carolina (RLECs) and commercial mobile radio service providers (CMRS Providers) in North Carolina. The CMRS Providers filed a complaint in the district court against the RLECs and the Commissioners of the NCUC in their official capacities, seeking review of several determinations made by the NCUC and, ultimately, the approval of portions of the interconnection agreements (ICA). The district court subsequently denied the CMRS Providers' motion for summary judgment and granted the RLECs' and the NCUC's motions for summary judgment. The district court also affirmed the NCUC's Filing of Composite Agreements (FAO) and approval order. Because the court ultimately agreed with the arguments advanced by the RLECs and the NCUC, the court affirmed the judgment of the district court. View "New Cingular Wireless PCS, LLC, et al. v. Finley, Jr., et al." on Justia Law

Defendant appealed from convictions arising from his attempt to leave the United States carrying approximately $40,000 in United States currency, without reporting the currency to customs authorities. In denying his motion for a new trial, the district court acknowledged that it had erred in excluding certain testimony at defendant's trial, but concluded that the error was harmless. Because the court could not say, with fair assurance, that the error did not have a substantial and injurious effect on the jury verdict, the court must vacate the judgment of the district court and remand for further proceedings. View "United States v. Ibisevic" on Justia Law

In this case, a subcontractor to a subcontractor to a prime contractor with a federal agency brought a procedural due process claim against that agency and tort actions against a separate contractor for allegedly causing the termination of his at-will consulting agreement. The court concluded that plaintiff's case involved both the wrong defendants and the wrong claims. Because permitting these claims to go forward would reward artful pleading and impermissibly constitutionalize state tort law, the court affirmed the district court's grant of summary judgment to defendants. View "Shrivinski v. United States Coast Guard, et al." on Justia Law

This appeal arose out of the district court's grant of summary judgment in favor of PCA on plaintiff's claims of sexual harassment in violation of Title VII. Because the court found that there were genuine issues of fact as to whether PCA took "tangible employment action" against plaintiff, the court reached neither the question of whether the district court erred by not determining whether Bobby Mills was a supervisor nor the question of whether the district court correctly applied the Faragher-Ellerth defense test. The court also held that there was uncertainty about whether there was a nexus between the harassment and plaintiff's alleged termination. Accordingly, the court vacated and remanded. View "Dulaney v. Packaging Corp. of America, et al." on Justia Law

This case arose from the FAA's decision to suspend the airworthiness certification of a helicopter leased by plaintiff for his flight instruction business. Plaintiff brought suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671, et seq., alleging that he suffered financial harm as a result of the FAA's negligence in first issuing an airworthiness certificate to the helicopter. The court affirmed the district court's dismissal of the complaint, finding that the FAA inspector's original certification of the aircraft fell under the discretionary function exception to the FTCA. In view of the fact that the discretionary function exception required the dismissal of plaintiff's action, the court need not reach the government's contention that the misrepresentation exception to the FTCA applied as well. Accordingly, the court affirmed the judgment. View "Holbrook v. United States" on Justia Law

Plaintiff, who is deaf, appealed the district court's ruling of summary judgment for defendants, arguing that he was entitled to have the jury hear his argument that he was not reasonably accommodated by defendants during their investigation, in violation of his rights under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101, et seq., and the Rehabilitation Act, 29 U.S.C. 701 et seq. Plaintiff claimed he suffered "emotional issues" and "persistent anger" because the county "violated [his] right to communicate" by handcuffing him behind his back and failing to explain their presence. Having concluded that the ADA applied to the investigation of criminal conduct, the court next determined whether the deputies' conduct was reasonable under the circumstances. The court found that due to the exigencies inherent in responding to a domestic violence situation, no further accommodations were required than the ones made by the deputies. Accordingly, the court affirmed the judgment. View "Seremeth, Jr. v. Bd. of County Commissioner" on Justia Law

Plaintiff filed this action alleging trademark infringement under Section 32(1) of the Lanham Act, 15 U.S.C. 114(1); federal unfair competition under Section 43(a) of the Act, 15 U.S.C. 1125(a); unfair competition and deceptive trade practices under the North Carolina Unfair and Deceptive Trade Practices Act (UDTPA), N.C.Gen. Stat. 75-1.1, thereby challenging the use of its federally-registered AGRI-NET trademark by defendants. Plaintiff appealed the district court's order granting summary judgment to defendants on its affirmative defense of laches. The court concluded that the district court erred in determining that defendants established its defense as a matter of law, and, separately, in failing to consider whether laches barred plaintiff's claim for prospective injunctive relief. Accordingly, the court vacated the judgment and remanded for further proceedings. View "Ray Communications, Inc. v. Clear Channel Comm., Inc., et al." on Justia Law