Nick Hurston

5 days ago | valawyersweekly.com | Nick Hurston

In brief 4th Circuit reverses class certifications in Marriott data breach MDL Court finds Marriott did not waive class-action defense by joining MDL Contract’s waiver upheld under New York contract law Plaintiffs’ claims, including negligence and consumer fraud, dismissed After the second appeal of the same issue, the 4th U.S. Circuit Court of Appeals again reversed a district court’s certification of classes against Marriott and found that class-action waiver precluded all of the...

1 week ago | valawyersweekly.com | Nick Hurston

In briefCourt finds Walmart had probable cause to prosecute shopperSurveillance video showed shopper swapping product boxesMalicious prosecution claim dismissed for lack of meritVideo preservation issues did not negate probable causeVideos showing a Walmart shopper concealing products and swapping them in boxes was sufficient probable cause to prosecute him for shoplifting, the Court of Appeals of Virginia held in reviewing the dismissal of the shopper’s malicious prosecution claim.

2 weeks ago | valawyersweekly.com | Nick Hurston

A divided panel of the 4th U.S. Circuit Court of Appeals has ordered a district court to require the government to offer the same plea deal again to a defendant whose attorney provided erroneous advice as to his sentencing exposure. Believing that U.S. Supreme Court precedent required the defendant to present contemporaneous evidence to claim that he would have accepted the government’s plea offer with effective assistance of counsel, the district court affirmed the substantially higher sentence.

3 weeks ago | sclawyersweekly.com | Nick Hurston

SUMMARY 4th Circuit enforces 2021 arbitration agreement in Suddenlink dispute Court rejects claims of unconscionability and waiver by West Virginia plaintiffs Agreement found valid despite lack of opt-out and unilateral modification clause Arbitration provision ruled binding; earlier agreements superseded The 4th U.S. Circuit Court of Appeals has reversed and remanded a case in which three unhappy West Virginia customers sued their internet service provider but attempted to evade their...

3 weeks ago | nclawyersweekly.com | Nick Hurston

SUMMARY 4th Circuit revives antitrust case over alleged no-poach conspiracy Plaintiffs claim shipbuilders used unwritten agreements to suppress wages Court rules unwritten “gentlemen’s agreement” may show fraudulent concealment Case remanded for further proceedings after initial dismissal Allegations that the nation’s largest shipbuilders and naval engineering consultancies formed a “gentlemen’s agreement” not to recruit each other’s employees in an effort to drive down wages were sufficient...