Category: 2018

Week 11 (2019)

Week of March 11, 2019 through March 15, 2019 NCO Fin. Sys., Inc. v. Montgomery Park, LLC (Niemeyer 3/15/2019): The Fourth Circuit held that a mitigation obligation does not implicate the doctrine of “mutual breach.” Instead, the mitigation-of-damages doctrine applies. Under this doctrine a lessor’s duty to mitigate damages merely...

Week 45 (2018)

Week of November 5, 2018 through November 9, 2018 United States v. Ketter (Motz 11/8/2018): The Fourth Circuit affirmed a district court’s variance from sentencing guidelines in its sentencing of a defendant, finding that the variance did not affect any substantial rights of the defendant when the judge’s reasoning for...

Week 43 (2018)

Week of October 22, 2018 through October 26, 2018 Day v. Johns Hopkins Health Sys. Corp. (Wilkinson 10/26/2018): The Fourth Circuit held that an expert witness protected from liability based on their testimony under the Witness Litigation Privilege. The Privilege is part of federal common law and not displaced by...