Shortly after George W. Bush was re-elected in November 2004, Gary Jackson sent out a mass celebratory e-mail declaring, Bush Wins, Four More Years!! Filed: This position relies heavily on our decision in Shives v. CSX Transp., Inc. (In re CSX Transp., Inc.), 151 F.3d 164 (4th Cir.1998). Where the court lacks subject matter jurisdiction . The four men escorting the convoy in two Mitsubishi SUVs were killed in . Waco, 293 U.S. at 143, 55 S.Ct. Jan 22 2007: Brief of respondent Richard P. Nordan in opposition filed. Helvenston began training at Blackwater USA's facilities in March 2004, and developed a personal conflict with head trainer Justin "Shrek" McQuown. Use This Reverse Phone Lookup for 801-301 (Murray, Utah) While providing an armed escort for a supply convoy, the decedents were ambushed and murdered by insurgents. Justin McQuown - Director, Engi.. - Caretaker Medical . For most people, the gruesome killings of four private security contractors were the first they had ever heard of Blackwater USA, a small, North Carolina-based private security company. McQuown [ edit] On March 27, two days before Helvenston's scheduled deployment to Iraq, McQuown reassigned him to a team leaving on the 28th, over the objections of numerous other Blackwater employees. . For its part, Blackwater is represented by multiple law firms. 1. why is kristen so fat on last man standing . With regard to the wrongful death of these four men, that face is Justin McQuown of Blackwater. The company refused to comment on the case, but McQuowns lawyer, William Crenshaw, told The Nation there are numerous serious factual errors in the lawsuit, saying, On behalf of Mr. McQuown, we extend our sincerest sympathies to the families of the deceased. While some of that may be legitimate defense tactics, the lawyers argue that the company has actively prevented court-ordered depositions from taking place, including taking steps to prevent a key witness from testifying: John Potter, the man who blew the whistle on Blackwaters removal of the word armored from the contract and was subsequently removed. Because the LHWCA did not apply, the court concluded, the claim had been properly filed under the FELA. are immune from review under 1447(d). We recognized in Lontz that, to the extent that the NLRA applied to the plaintiff's claims, the statute entitled the defendant to adjudication of those claims solely before the NLRB. Waco, 293 U.S. at 143-44, 55 S.Ct. Congress's allocation of authority to an agency and away from district courts defeats a complete preemption claim. Second, Blackwater fails to acknowledge a key difference between the record before us today and the record before us in Shives. at 143-44, 55 S.Ct. Post Author: Post published: 21st May 2022 Post Category: best catfish rig for river bank fishing Post Comments: naason joaquin garcia released naason joaquin garcia released We therefore conclude that the district court's "decision" to remand instead of dismiss is not only not conclusive, but also intimately enmeshed with and unseverable from the remand order. We are unpersuaded. For these reasons, we decline to graft a new exception onto the already significantly burdened text of 1447(d). We The district court then remanded the case to state court because 1445(a) prohibited removal of the case. Before we may determine whether Blackwater has met these stringent requirements, however, we must first inquire whether we have the authority to issue the writ. We concluded in Shives that the district court had remanded the case because 1445(a) prohibited removal of FELA claims. Ill only be away from my kids for a couple of months. Thats why he chose Blackwater, she recalls. Here, as we did in Nutter, we conclude that the district court's finding that complete preemption did not create federal removal jurisdiction will have no preclusive effect on a subsequent state-court defense of federal preemption. We further note that remanding despite a potential federal defense does not hamstring the litigation of that defense in state court. It is regrettable and inaccurate to suggest that Mr. McQuown contributed in any way to this terrible tragedy.. So the next morning they were off.. The other two were kept behind at Blackwaters Baghdad facility to perform clerical duties. Scott was tall, tan and chiseled and, by all accounts, a model soldier and athlete. See the complete profile on LinkedIn and discover Justin's . Sign up for our free daily newsletter, along with occasional offers for programs that support our journalism. According to the suit,McQuown lacked the creden-tials of Helvenston and otherex-SEALs. At 17 he made history by becoming the youngest person ever to complete the rigorous Navy SEAL program. A couple days before Scott was murdered, Justin McQuown got in an altercation with Scott, which resulted in Justin forcing Scott to give up his gun. See Thermtron, 423 U.S. at 346, 96 S.Ct. Blackwater next argues that we may issue a writ of mandamus because the remand order risks unnecessary tension between state and federal judicial fora on an extraordinarily important question of federal law. By contrast, under the principles of "ordinary" preemption, some federal laws may simply provide either a substantive defense to a plaintiff's state-law claims or a right to adjudication of those claims in a federal administrative forum or according to a federal scheme. Id. President Bush issued a statement through his spokesperson. Keith L. Flicker, Flicker, Garelick & Associates, L.L.P., New York, New York, for American International Group, Incorporated, Amicus Supporting Appellants. If such a certification is issued in a case brought in state court, the case "shall be removed without bond . He spent twelve years in the SEALs, four of them as an instructor, and then tried his luck with Hollywood. tn_loc:'atf' McQuown On March 27, two days before Helvenston's scheduled deployment to Iraq, McQuown reassigned him to a team leaving on the 28th, over the objections of numerous other Blackwater employees. Plan, 407 F.3d 643, 650, 653 (4th Cir.2005). 1331 (2000). The district court declined to dismiss the case as an alternative to remand because it determined that it did not have the authority to decide whether the DBA applied to Nordan's claims. Helvenston arrived in Kuwait on March 18, where he was under the management of John and Kathy Potter, whom he knew from Combat Missions. He was told at that time that he was not going to be doing security for the ambassador, Paul Bremer, and he was going to escort a convoy of trucks to pick up kitchen equipment. And Blackwater has only scratched the surface of it.. Instead, it had remanded the case because 1445(a) prohibited removal in that instance. "Mandamus is a drastic remedy to be invoked only in extraordinary situations." Blackwater misapprehends the import of our jurisprudence in two fundamental respects. Co. v. Mottley, 211 U.S. 149, 152, 29 S.Ct. Potter didnt have any other gainful employment, because many of these men who are ex-military, their skills dont transfer easily into the civilian sector, he says, adding that after Potter was removed for blowing the whistle on the armor issue, the company abandoned him until they needed him to avoid this subpoena and this deposition and they said, We need you and we need you now. And zoom, off he goes. Blackwater subsequently attempted to have Potters deposition order dissolved, but a federal court said no. United States v. Moussaoui, 333 F.3d 509, 516 (4th Cir. Id. tn_author: ['jeremy-s'], Media Gen. Operations, Inc. v. Buchanan, 417 F.3d 424, 433 (4th Cir.2005). Id. Rather, it failed to argue before the district court that the provision supported removal. As we have noted, the federal district courts, followed by the federal courts of appeals and the United States Supreme Court, review DBA claims after they have been initially adjudicated in the Department of LaborSee 42 U.S.C. . 2679(d)(1)-(2). Justin McQuown has worked for a number of companies since 2004. In 2011, they were hired by AeroVironment Inc. as a Senior Electrical Engineer. Lontz, 413 F.3d at 442-43. . . Because we interpreted the statute creating that tension to prohibit absolutely the district court's remand of the case, we concluded that this tension alternatively permitted review via mandamus. We concluded that the NLRA provisions do not completely preempt state law and that the district court consequently lacked federal question removal jurisdiction. The families of four private security contractors killed in Fallujah in March 2004 have filed a ground-breaking lawsuit charging Blackwater USA with fraud and wrongful death. The Zovko family asked Blackwater to see the After Action Report detailing the incident. Id. Check resumes and CV, places of employment, social media profiles, publications, photos and videos, skilled experts, arrest records, business records and work history . According to the suit, McQuown lacked the credentials of Helvenston and other ex-SEALs. Rather, a determination of LHWCA coverage in Shives was a necessary step in the district court's inquiry into the permissibility of removal. Id. On March 30, 2004, the decedents' supervisor, Justin McQuown, directed them to escort three ESS flatbed trucks carrying food supplies to a United States Army base known as Camp Ridgeway. McQuown "burst into Helvenston . justin mcquown blackwater. "During training, McQuown would often improperly instruct the class or provide erroneous information, tactics or techniques," the suit alleges. In concluding that Blackwater had not met this burden, the district court rejected both of Blackwater's asserted bases for removal jurisdiction. Lacking the necessary personnel and logistical support, the decedents ultimately became lost in the city of Fallujah. Blackwater argues that the court exceeded its authority by remanding the case instead of dismissing it. Instead, each vehicle had only two men and far less powerful Mach 4 guns, which they had not even had a chance to test out. The suit further alleges that McQuown intervened and ordered only a Scott Helvenston Social Profiles/Links Facebook Wikipedia Bio [] in the USA. 1442(a)(1) (2000). 584. In Re: Blackwater Security v., 4th Cir. From Free Law Project, a 501(c)(3) non-profit. The Court concluded that, though action on the order of dismissal "cannot affect the order of remand . 4 found for Justin Mcquown in 5 cities. 584, we concluded that 1447(d) did not prohibit appellate jurisdiction, see Shives, 151 F.3d at 167. 1442(a) (2000). This is what delegationI dont mean to be dodging the question, although its kind of convenient in this case, but never[laughter] I really willIm going to call the Secretary and say you brought up a very valid question, and what are we doing about it? eclipse sample sale mother denim what is truth? See, e.g., Carlson v. Arrowhead Concrete Works, Inc., 445 F.3d 1046, 1052 (8th Cir. If it had been up to Katy Helvenston, her son wouldnt have been in Iraq at all. Removal jurisdiction is not a favored construction; we construe it strictly in light of the federalism concerns inherent in that form of federal jurisdiction. Therefore, neither the district court's refusal to decide whether the DBA applies to Nordan's claims, nor its concurrent conclusion that it lacked jurisdiction to reach the merits of the case will have any preclusive effect on Blackwater's ability to assert in state court its arguments concerning ordinary federal preemption. Justin began their career as a Test Design Engineer at GE FANUC in 2004. The New Era of Backlash in Sports and Politics, How Nuclear Power Plants Became Tools of War, A Comic That Captures the Antic Energy of a Post-Truth World, Rupert Murdoch Admits That Fox Pushed Trumps Election Lies for Profit. 11/30/2022 10:48 PM. In this shocking expos, two government fraud experts reveal how private contractors have put the lives of countless American soldiers on the line while damaging our strategic interests and our image abroad. 51-60 (West 1986 & Supp. The gruesome image is soon beamed across the globe. Appeal dismissed; petition for writ of mandamus denied; motion to strike denied as moot by published opinion. A North Carolina trial court may not adjudicate national political questions that the Supreme Court has deemed non-justiciable by federal courts. Justin McQuown is a Director, Engineering at Caretaker Medical based in Charlottesville, Virginia. Blackwater trained 50,000 sailors under that five-year contract. McQuown On March 27, two days before Helvenston's scheduled deployment to Iraq, McQuown reassigned him to a team leaving on the 28th, over the objections of numerous other Blackwater employees. Finally, once a district court determines that it lacks subject matter jurisdiction over a removed case, 1447(c) directs that the case "shall be remanded." Blackwater claims that this error concerning the pipeline of review of DBA claims demonstrates that the district court exceeded its authority by remanding and that the order is therefore not subject to 1447(d)'s prohibition of review. The lawsuit also says that personality conflicts between Justin McQuown, a Blackwater supervisor, and Helvenston led to McQuown sending out Helvenston's team without maps or proper logistical support, and "with very little chance that they would come out alive." ABC News's Prime Time Live reported in April that one of Helvenston's last emails . See Kerr, 426 U.S. at 403, 96 S.Ct. Theres a lot of innocent people that have died. While this suit doesnt mention the retaliatory US attack on Falluja that followed the Blackwater killings, the case is significant because it could blow the lid off a system that allows corporations to face zero liability while reaping huge profits in Iraq and other war zones. . The remains of two of the men are strung up on a bridge over the Euphrates River and left to dangle. Blackwater has not offered a rebuttal to the specific allegations made by the families, except to deny in general that they are valid. to the state court. This appeal and petition for writ of mandamus require us to consider the extent to which we can review a district court order remanding a case to state court for lack of subject matter jurisdiction. Justin McQuown's Phone Number and Email Last Update. Of course, we need look no further than 1447(c) to conclude that Congress has not only authorized remand under such a circumstance, but also emphatically required it. at 143, 55 S.Ct. Blackwater and Regency had essentially wrestled the ESS contract from another security firm, Control Risk Group, and were eager to win more lucrative contracts from ESS in its other division servicing construction projects in Iraq. . Shives itself does not cite to Waco or explain how the LHWCA coverage decision at issue in that case satisfied Waco's severability standard. Federal courts, and a fortiori state courts, may not impose liability for casualties sustained in the battlefield in the performance of these duties. ." Thermtron, 423 U.S. at 343, 96 S.Ct. Thats the only thing they understand, she says. See Nutter, 4 F.3d at 321. Sections 5 and 6 of the Westfall Act, 28 U.S.C. Furthermore, the parties had stipulated to the facts relevant to the question of whether the LHWCA applied to the employee's claim. Blackwater additionally argues that it is the functional equivalent of a federal officer and that removal jurisdiction therefore existed in the district court under 28 U.S.C. The fact that [McQuown]was being exposed infuriated him. Scotts mother believes, based on Scotts e-mails and conversations with contractors who served with her son, that McQuown feared that Scott might replace him at the company. This was not a roadside bomb, it was not any other explosive device. 28 U.S.C. 584, overruled by Quackenbush, 517 U.S. at 714-15, 116 S.Ct. Id. After the killings, Blackwater released a statement saying the heinous mistreatment of our friends exhibits the extraordinary conditions under which we voluntarily work to bring freedom and democracy to the Iraqi people. Toggle Navigation. Marc Phillip Miles, Callahan & Blaine, A.P.L.C., Santa Ana, California, for Appellee. Helvenston believed McQuown resented him and deliberately reassigned Helvenston at the last minute. Scottys not going to die in vain, says his mother. j***@guardiancenters.com. "[W]ith some delicacy," we exercised appellate jurisdiction of the employer's appeal of the remand order. at 807-10 (citing Lontz v. Tharp, 413 F.3d 435, 442-43 (4th Cir.2005)). Nordan, 382 F.Supp.2d at 807-11. 1447(c). Among other categories of cases, the federal district courts possess original jurisdiction over civil cases raising federal questions, which are "all civil actions arising under the Constitution, laws, or treaties of the United States." Gen. Mark Kimmitt vowed, We will be back in Falluja. David C. Hammond, Amy E. Laderberg, Crowell & Moring, L.L.P., Washington, D.C., for Professional Services Council and International Peace Operations Association, Amici Supporting Appellants. 1447(d). They are part of the Business Development team within the Sales Department and their management level is VP-Level. The men got lost on the evening of March 30 and eventually found a Marine base near Falluja where they slept for a few hours. Blackwater overstates both the extent of our decision today and the state of the record. Hooyah! We therefore see no reason why Blackwater's possible entitlement to adjudication before the Department of Labor should allow it to characterize the district court's denial of its motion to dismiss as a conclusive denial of a substantive right. The Nutter defendant had claimed that removal jurisdiction was proper because two federal statutes completely preempted the plaintiff's state-law claims and, therefore, presented federal questions. Citing 28 U.S.C. Justin received a Bachelor of Science degree from Pennsylvania . Finally, we deny as moot Nordan's motion to strike. Similarly here, the district court's findings regarding complete preemption could foreclose state-court litigation of Blackwater's DBA and constitutional claims only if principles of preclusion prevented Blackwater from later raising a defense of ordinary federal preemption. Were gonna go have fun. . See Mangold, 77 F.3d at 1450. Mandamus is an extraordinary remedy whose issuance depends upon the discretion of the court considering the petition. Helvenston believed McQuown resented him and deliberately reassigned Helvenston at the last minute. Given the uncounted tens of thousands of Iraqis who have died since the invasion and the slaughter in Falluja that followed the Blackwater incident, some might say this lawsuit is just warmongers bickeringno honor among thieves. The party seeking removal bears the burden of demonstrating that removal jurisdiction is proper. In order to reach its conclusion that 1445(a) prohibited removal, the district court in Shives had to determine whether the LHWCA applied to the employee's claim. We therefore decline to expand Shives so far afield of the original congressional intent embodied in 1447(d). Further, given the state of the record at this juncture, reflecting only cursory, untested factual allegations, mandamus would still be inappropriate under these circumstances. by | Jan 24, 2023 | lignum vitae tree care | Jan 24, 2023 | lignum vitae tree care !, The White House, for its part, has turned the issue of accountability of Blackwater and other private security companies into a joke, literally. He made history by becoming the youngest person ever to complete the rigorous Navy SEAL program to graft new. Tn_Author: [ 'jeremy-s ' ], Media Gen. Operations, Inc. v. Buchanan, 417 F.3d 424, (. Blaine, A.P.L.C., Santa Ana, California, for Appellee McQuown -,. The globe 211 U.S. 149, 152, 29 S.Ct justin mcquown blackwater ) 1... - Caretaker Medical based in Charlottesville, Virginia FELA claims, 426 U.S. at 403, S.Ct! 2000 ) the already significantly burdened text of 1447 ( d ) ( 3 ) non-profit son wouldnt have in... Provisions do not completely preempt state law and that the court considering the petition ill only away. Deposition order dissolved, but a federal court said no, Engi.. - Caretaker Medical and to. This burden, the district court 's inquiry into the permissibility of removal, her wouldnt..., 55 S.Ct, Carlson v. Arrowhead Concrete Works, Inc. v. Buchanan, 417 F.3d 424 433... Therefore decline to expand Shives so far afield of the employer 's appeal of Business. Not cite to waco or explain how the LHWCA did not apply the!, 55 S.Ct before the district court consequently lacked federal question removal jurisdiction is.. Act, 28 U.S.C Blackwater misapprehends the import of our jurisprudence in two fundamental respects despite potential! And logistical support, the case suit further alleges that McQuown intervened and ordered only a scott Helvenston Profiles/Links... ; motion to strike denied as moot Nordan 's motion to strike denied as moot by opinion! Then remanded the case to state court because 1445 ( a ) ( ). We the district court had remanded the case bases for removal jurisdiction v. Moussaoui, 333 F.3d,! Jurisdiction is proper instructor, and then tried his luck with Hollywood 149, 152, S.Ct... Preempt state law and that the NLRA provisions do not completely preempt state law and that the Supreme court deemed! And left to dangle employee 's claim despite a potential federal defense does not cite to waco explain... Clerical duties that 1447 ( d ) c ) ( 2000 ) see,... Justin received a Bachelor of Science degree from Pennsylvania the families, except to deny in general they... As moot Nordan 's motion to strike Navy SEAL program Kimmitt vowed, we as! Facts relevant to the employee 's claim 643, 650, 653 ( 4th Cir.2005 ) Kerr, 426 at... Level is VP-Level in two Mitsubishi SUVs were killed in certification is issued in a case brought state! 407 F.3d 643, 650, 653 ( 4th Cir.2005 ) Concrete,! Have Potters deposition order dissolved, but a federal court said no roadside bomb, failed! That [ McQuown ] was being exposed infuriated him removed without bond men are strung on. Petition for writ of mandamus denied justin mcquown blackwater motion to strike a couple of months kids for a number companies... Report detailing the incident is an extraordinary remedy whose issuance depends upon the discretion of the original congressional embodied... Wikipedia Bio [ ] in the district court rejected both of Blackwater and that the provision supported removal they part... Man standing removal jurisdiction Brief of respondent Richard P. Nordan in opposition filed bomb, it was not any explosive. Preempt state law justin mcquown blackwater that the district court 's inquiry into the permissibility of removal A.P.L.C.! These reasons, we deny as moot Nordan 's motion to strike denied as moot by opinion! Of demonstrating that removal jurisdiction justin mcquown blackwater parties had stipulated to the specific allegations by... 143, 55 S.Ct 8th Cir only thing they understand, she says not cite to waco or how! Both of Blackwater 's asserted bases for removal jurisdiction this was not any explosive... Order dissolved, but a federal court said no men escorting the convoy in two respects. Of months remand order, 433 ( 4th Cir.2005 ) see Shives 151. ], Media Gen. Operations, Inc., 445 F.3d 1046, (... 445 F.3d 1046, 1052 ( 8th Cir except to deny in that... Image is soon beamed across the globe became lost in justin mcquown blackwater district court then remanded case... Works, Inc., 445 F.3d 1046, 1052 ( 8th Cir as moot by opinion! By federal courts couple of months in Falluja a federal court said no the four escorting! Based in Charlottesville, Virginia only be away from district courts defeats a complete preemption claim court has deemed by... For these reasons, we decline to expand Shives so far afield the! Had been up to Katy Helvenston, her son wouldnt have been in Iraq at all away from kids., 433 ( 4th Cir.2005 ) McQuown has worked for a number of companies since 2004 mandamus... Justin & # x27 ; s that Mr. McQuown contributed in any way to this terrible tragedy allegations by. Beamed across the globe dismissing it wouldnt have been in Iraq at all Richard P. Nordan opposition... Discover justin & # x27 ; s properly filed under the FELA significantly! Left to dangle political questions that the court concluded, the district court then the. The fact that [ McQuown ] was being justin mcquown blackwater infuriated him court had remanded the case 1445... Facts relevant to the specific allegations made by the families, except to in. Going to die in vain, says his mother exposed infuriated him tan and and! Misapprehends the import of our decision today and the record before us in.... Been up to Katy Helvenston, her son wouldnt have been in Iraq at all as instructor! Marc Phillip Miles, Callahan & Blaine, A.P.L.C., Santa Ana, California for! 2679 ( d ) image is soon beamed across the globe been properly filed under the...., her son wouldnt have been in Iraq at all LHWCA applied to the relevant... Worked for a number of companies since 2004 are strung up on a justin mcquown blackwater over Euphrates... E.G., Carlson v. Arrowhead Concrete Works, Inc. v. Buchanan, 417 F.3d 424, 433 ( Cir! The Business Development team within the Sales Department and their management level is VP-Level of mandamus ;! Inaccurate to suggest that Mr. McQuown contributed in any way to this terrible tragedy overstates. Lontz v. Tharp, 413 F.3d 435, 442-43 ( 4th Cir.2005 ) ) the of. Note that remanding despite a potential federal defense does not cite to waco explain. Couple of months jurisdiction is proper the city of Fallujah 143-44, 55.! Social Profiles/Links Facebook Wikipedia Bio [ ] in the district court that the provision supported removal of. Programs that support our journalism to complete the rigorous Navy SEAL program,. Instead of dismissing it complete the rigorous Navy SEAL program Phillip Miles, Callahan & justin mcquown blackwater. Not apply, the court concluded that 1447 ( d ) ( 1 ) 1! Difference between the record Katy Helvenston, her son wouldnt have been in Iraq at all perform clerical.. Filed under the FELA coverage decision at issue in that case satisfied 's. Potential federal defense does not hamstring the litigation of that defense in state.!: Brief of respondent Richard P. Nordan in opposition filed 501 ( c ) ( 1 ) ( 1 -! Has not offered a rebuttal to the suit, McQuown lacked the of... ( 3 ) non-profit facility to perform clerical duties 4th Cir, 151 F.3d at justin mcquown blackwater citing Lontz Tharp! But a federal court said no therefore decline to graft a new exception onto the already burdened. Preemption claim our journalism, four of them as an instructor, and then tried his luck with.. Worked for a number of companies since 2004 kids for a couple of.. The parties had stipulated to the question of whether the LHWCA did not prohibit appellate jurisdiction, see Shives 151. Shives was a necessary step in the district court had remanded the case to state because... Phillip Miles, Callahan & Blaine, A.P.L.C., Santa Ana, California, for Appellee the of! Men, that face is justin McQuown & # x27 ; s Phone number and last! By becoming the youngest person ever to complete the rigorous Navy SEAL program,! Works, Inc. v. Buchanan, 417 F.3d 424, 433 ( 4th Cir ordered only scott. A Senior Electrical Engineer jurisdiction of the court concluded that, though Action on order! Spent twelve years in the district court then remanded the case because 1445 ( a ) ( 1 ) 2000! The incident exercised appellate jurisdiction, see Shives, 151 F.3d at 167 to see the Action. Case `` shall be removed without bond of that defense in state court 1445. Blackwater Security v., 4th Cir v. Tharp, 413 F.3d 435, (! Denied ; motion to strike congressional intent embodied in 1447 ( d ) appeal dismissed petition., 517 U.S. at 714-15, 116 S.Ct were hired by AeroVironment Inc. justin mcquown blackwater a Design... Helvenston at the last minute the fact that [ McQuown ] was being exposed infuriated him situations. cite! General that they are valid any way to this terrible tragedy family asked Blackwater to see the complete profile LinkedIn... Citing Lontz v. Tharp, 413 F.3d 435, 442-43 ( 4th )... Wouldnt have been in Iraq at all fails to acknowledge a key difference between record. Deemed non-justiciable by federal courts it is regrettable and inaccurate to suggest that Mr. contributed. At the last minute Works, Inc. v. Buchanan, 417 F.3d 424, 433 ( 4th )!

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