4th Circuit (incl. bankruptcy)

The Fourth Circuit jurisdiction is one of the larger US Districts, in terms of the states which fall under its jurisdiction. The Federal Circuit Court for the District is the Lewis F. Powell Jr. Courthouse, which is located in Richmond, VA.

The districts and states which fall under the Fourth Circuit and appeals heard by the Federal Circuit Courthouse includes: District of Maryland, Eastern/Middle/Western Districts of North Carolina, District of South Carolina, Eastern/Western Districts of Virginia, and Northern/Southern Districts of West Virginia.

The district courts in each of the states/territories are the US District Court of Maryland in Baltimore,  the Eastern District Court of N. Carolina in Raleigh, the Middle District  in Greensboro, and the Western District of N. Carolina is in Charlotte. The District of S. Carolina is in Columbia. The Eastern District Court of Virginia is in Alexandria, and the Western District Court is in Roanoke, VA. In W. Virginia the Northern District Court is in Wheeling and Southern District in Charleston, WV.

There are currently 15 active judges and 3 senior judges who sit on the Fourth Circuit bench. Roger L. Gregory is currently the Chief Judge appointed to head the Federal Circuit Court for the Fourth District. As with the other Circuits, seats are filled and appointments made for new judges in the order which they were filled.

A famous case from the circuit is Zeran v. America Online (1997). In this case the court determined the immunity of ISPs for wrongs committed by their users under Section 230(c)(1) of the Communications Decency Act. The court held the CDA provided “federal immunity to causes of action which would make service providers liable for information originating from third-party users.” The court found that allowing plaintiff’s claims would release a floodgate for freedom of speech litigation, with the new wave of online/internet activity by third-party users under ISP service agreements.

Cases and content covered by the National Law Review from the Fourth Circuit includes: writs of mandamus, certiorari, Habeas Corpus (including custody and release of prisoners), appeals from tax cases, En Banc Determinations, NLRB decision appeals, bankruptcy proceedings, motions for relief, judgment, or final orders, and reviews of enforcement or agency orders. Further, our website often covers news and updates about federal appointments, judges stepping down, agency announcements, and general news which comes out of the Fourth District Federal Court, and local state court systems.

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Mar
29
2011
Fourth Circuit Opinion Highlights Risk of Harassment by Nonemployees Poyner Spruill LLP
May
12
2012
Lawsuit Challenges ALJ Final Decision Authority in Medicaid Appeals Poyner Spruill LLP
Jun
21
2014
Fourth Circuit Reestablishes Subcontractors’ Right to Perfect Liens After Bankruptcy Filing Poyner Spruill LLP
Aug
7
2015
Temps May Have Multiple Employers Poyner Spruill LLP
May
14
2012
Bankruptcy Court Delivers Next Chapter In Developing Law Regarding Post-Petition Lien Perfection By Subcontractors Poyner Spruill LLP
May
28
2012
Insurance Coverage for "Hidden" Mechanics' and Materialmen's Lien Claims in North Carolina is Disappearing Poyner Spruill LLP
Sep
27
2010
Recent Decision Points Out that “Equal Opportunity Offender” Is Not Always a Defense to Harassment Claims Poyner Spruill LLP
Dec
31
2012
Fourth Circuit Upholds Employer-Favorable Religious Discrimination Decision Poyner Spruill LLP
Jul
4
2014
North Carolina Court Quashes Chapter 11 Debtor's Blatant Gerrymandering To Achieve Plan Confirmation Poyner Spruill LLP
Sep
25
2014
The Affordable Care Act — How Did Two Courts Make Opposite Decisions on Tax Subsidies Poyner Spruill LLP
Aug
28
2015
Bank Boards and Corporate Officers Review your Policies and Procedures: Business Judgment Rule Protections May Be Loosening Poyner Spruill LLP
Nov
4
2015
Final Curtain Call for Tuomey: Long-Running FCA/Stark Case Settled Poyner Spruill LLP
Nov
19
2010
Credit Reporting and Bankruptcy: Is Your Post-Discharge Credit Reporting Inviting Trouble? Poyner Spruill LLP
Jun
30
2013
Federal Court Stops Serial Americans with Disabilities Act (ADA) Plaintiff's Latest Effort: Payne v. Chapel Hill North Properties Poyner Spruill LLP
Jan
28
2013
Good News for Lenders! Minor Errors in Deeds of Trust Less Costly As Result of New Bankruptcy Court Opinion Poyner Spruill LLP
Jul
12
2014
Hostile Work Environment Case Gets Additional Fourth Circuit Scrutiny Poyner Spruill LLP
Jul
23
2014
Circuit Split Creates Uncertainty Over Affordable Care Act Subsidies Michael Best & Friedrich LLP
Apr
4
2016
Fourth Circuit Unable to Determine Whether Driving is Essential Function of Traveling Salesperson's Job Michael Best & Friedrich LLP
Feb
22
2014
EPA Appeals Successful Challenge to a Pre-Enforcement Clean Water Act (CWA) Order; Federal District Court Upholds Agricultural Stormwater Exemption for West Virginia Poultry Concentrated Animal Feeding Operation (CAFO) Michael Best & Friedrich LLP
Apr
13
2016
Court Finds Coverage for Privacy Events Under Traditional CGL Policy Michael Best & Friedrich LLP
Feb
23
2011
The Continuing Evolution in Mine Permitting -EPA's War Against Coal Reaches New Heights Dinsmore & Shohl LLP
Nov
20
2009
Double Jeopardy? Citizen Suit May Proceed Despite Government Enforcement Action Dinsmore & Shohl LLP
Mar
7
2010
Pay When Paid Clauses - Sword & Shield Dinsmore & Shohl LLP
Apr
25
2016
Game-Changer in Debate over Title IX and Gender Identity Dinsmore & Shohl LLP
Aug
23
2010
Regulation by Litigation: Fourth Circuit Weighs in on Nuisance Suits Involving Air Emissions Dinsmore & Shohl LLP
Oct
25
2010
Attention Health Care Providers: Are You in Violation of the Stark Act? Dinsmore & Shohl LLP
Nov
15
2010
Court Allows a Citizen's Civil Rights Claims to Proceed Against a School Board President Accused of Silencing Speech Dinsmore & Shohl LLP
Aug
11
2011
Class Action Fairness Act : CAFA Connection Q3, 2011 Dinsmore & Shohl LLP
Aug
31
2020
Transgender Students Protected from Discriminatory Restroom Policies under Equal Protection Clause & Title IX, Fourth Circuit Court of Appeals Rules Dinsmore & Shohl LLP
Dec
12
2010
Regulating the Regulators: West Virginia Department of Environmental Protection (WVDEP) Forced to Issue Permits to Itself Dinsmore & Shohl LLP
Dec
15
2010
Federal Court in Virginia Declares PPACA's "Minimum Essential Coverage" Provision Unconstitutional Dinsmore & Shohl LLP
Sep
13
2013
Johnson v. Federal Home Loan Mortgage Corporation Womble Bond Dickinson (US) LLP
Dec
19
2013
Judge Urbanski Awards Attorney Fees in Breach of Consent Injunction Womble Bond Dickinson (US) LLP
Mar
21
2016
No Coverage, but Liability for Unfair or Deceptive Practices: The Question of Damages in North Carolina and a Current Case to Watch Womble Bond Dickinson (US) LLP
Nov
21
2018
Safe!: Putative TCPA Class Action Survives Defendant’s Attempt to Pick off the Named Class Member By Deposit Womble Bond Dickinson (US) LLP
 

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