Fourth Circuit

Elonis requires intent instruction under 18 USC 875 – Fourth Circuit

By / January 19, 2016

US v. White. White was convicted of three counts of violating 18 U.S.C. 875(b) for sending threats in interstate commerce with an intent to extort, and one lesser included offense under 18 U.S.C. 875(c) for sending threats without the intent to extort. White appealed the conviction, arguing, among other theories, that the trial court erred in its …

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Police can’t lie about having a search warrant – Fourth Circuit

By / December 23, 2015

US v. Rush. These excerpts say really everything you need to know: A law enforcement officer knowingly lied to Defendant Kenneth Rush by claiming that he had a warrant to search the apartment where Defendant was staying when no warrant in fact existed. . . . On appeal, Defendant argues that the evidence should have …

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Fourth Circuit affirms dismissal of frivolous $4 Billion copyright claim

By / December 19, 2015

Chambers v. Amazon. Unpublished. So, this case isn’t setting any precedent. It’s not going to make a casebook any time soon. But it is fun interesting. Roland Chambers, Jr., appealed the district court’s order dismissing his copyright infringement lawsuit. Chambers sued Amazon, Apple, CD Baby and others. He claimed (sort of) that each was liable …

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A victory for LexisNexis under the FCRA – Fourth Circuit

By / December 5, 2015

Berry v. LexisNexis Risk and Information. The Fourth Circuit has handed down an appellate win for Lexis and other major data collectors involved in class litigation and seeking to minimize their financial liability. Class action plaintiffs alleged that Lexis failed to follow the protections under the Fair Credit Reporting Act, which requires certain protections for …

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Civil Computer Fraud and Abuse Act, ECPA award, attorneys fees, affirmed – Fourth Circuit

By / November 23, 2015

Tech Systems, Inc. v. Pyles. Unpublished opinion. Pyles argued that the district court erred in, among other things, denying her motion as to violations of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030 (2012) and the Electronic Communications Privacy Act (“ECPA”), 18 U.S.C. § 2701 (2012). The Fourth Circuit disageed. The CFAA …

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A single cell phone photo insufficient to show intent under 18 U.S.C. § 2251(a) – Fourth Circuit

By / November 6, 2015

US v. Palomino-Coronado. Let’s get something out of the way: the Defendant-Appellant is a bad guy. Facts are clear that he repeatedly raped his seven year old neighbor. The appeal does not argue otherwise. Instead, the appeal argues that the statute under which Palomino-Coronado was convicted, 18 U.S.C. § 2251(a), has a specific intent requirement. The statute …

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No Warrant Required for Two Days of Cell Site Data – NC Court of Appeals

By / September 15, 2015

State v Perry. In a decision reminiscent of the Fourth Circuit’s recent holding in US v. Graham (that access to extended cell site data requires a warrant), the North Carolina Court of Appeals has come to some… interesting conclusions. First, the Court of Appeals rejected an argument that cell site information sent to an officer by …

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Fourth Circuit in Raleigh this Week

By / September 15, 2015

The Fourth Circuit will hear oral arguments this week at Campbell Law School here in Raleigh. They’ll hear three cases at the school. Among them, Melanie Lawson v. Union County Clerk, which asks the question: Does a government official’s termination of a deputy court clerk for campaigning for office of clerk violate the First Amendment? Argument will …

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Employers’ Incidental Observance of Organizing Activity During Leafleting is Not Unlawful Surveillance – Fourth Circuit

By / September 12, 2015

NLRB v. Intertape Polymer Corp. This is a labor case, an appeal from the National Labor Relations Board (NLRB). But, this is also a First Amendment case, and hence its inclusion here. The NLRB concluded Intertape had violated the Naitonal Labor Relations Act (NLRA). There were three supposed violations: unlawful interrogation of an employee, unlawful …

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