the WHD Brief

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The Fourth Circuit recently upheld a $63,000 attorney fee award to WHD against defendants in a securities class action who repeatedly tried – and failed – to move the case from state court to federal court. The court ruled that once jurisdiction had been decided, the defendants’ repeated removal attempts were objectively unreasonable and simply drove up costs for the plaintiffs. The decision reinforces that plaintiffs have the right to structure their cases for state court when the law allows, and that defendants who ignore those boundaries risk significant financial penalties.

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WHD obtained a complete victory before the Fourth Circuit on behalf of the City of Myrtle Beach. The Court unanimously rejected claims that the City targeted minority-owned and minority-patronized businesses, finding instead that its actions were lawful responses to violent crime in the “Superblock.” Partner Walker Humphrey successfully argued for the City, supported by Margaret O’Shields, Hunter Pope, and Mike Battle. The ruling affirms municipalities’ authority to address public safety and balance nightlife with residents’ needs.

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