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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Sep
9
2016
Perdue v. Wyeth Pharmaceuticals, Inc.: A Triple Knockout on Pre-Emption and Innovator Liability Grounds Sills Cummis & Gross P.C.
Sep
2
2015
Expanding Retaliation: Fourth Circuit Rejects "Manager Rule" in Title VII Cases Much Shelist, P.C.
Aug
4
2014
SD3 v. Black & Decker (U.S.), Inc. – Virginia District Judge Axes Complaint Alleging Table Saw Safety Standards Conspiracy Sheppard, Mullin, Richter & Hampton LLP
Feb
29
2024
District Court Elucidates the Meaning of “to Induce” Under the Federal Health Care Program Anti-Kickback Statute Sheppard, Mullin, Richter & Hampton LLP
Mar
11
2015
CEQA “Common Sense” Exemption Upheld; Environmental Baseline for Project Following Improvements Pursuant to an Emergency Exemption Clarified Sheppard, Mullin, Richter & Hampton LLP
Jan
4
2023
CFPB Files Amicus Brief in TILA Suit, Impacts How Banks Collect on HELOCs Sheppard, Mullin, Richter & Hampton LLP
Aug
9
2013
Another Circuit Court Finds President's National Labor Relations Board (NLRB) Recess Appointments Unconstitutional Sheppard, Mullin, Richter & Hampton LLP
Oct
28
2014
Recent Developments in Cases Dealing with the False Claims Act’s First-to-File and Public Disclosure Bars Sheppard, Mullin, Richter & Hampton LLP
Jan
8
2016
What’s That? What’s That? Fourth Circuit Upholds FCC Collocation Regulations Against 10th Amendment Challenge Sheppard, Mullin, Richter & Hampton LLP
Feb
28
2011
Fourth Circuit Offers Pyrrhic Victory On Corps Jurisdiction Over Developer's Clean Water Act Permit Sheppard, Mullin, Richter & Hampton LLP
Mar
11
2021
Strengthening the TCPA’s Sovereign Immunity Shield—Fourth Circuit Rules Federal Employees Are Not Liable for Government-Mandated Robocalls Sheppard, Mullin, Richter & Hampton LLP
Mar
22
2011
The Year 2010 In Review: Contractor Licensing Sheppard, Mullin, Richter & Hampton LLP
Jan
10
2018
Confused by the Evolving Travel Ban? Here’s a Cheat Sheet with the Latest Guidance Sheppard, Mullin, Richter & Hampton LLP
May
23
2020
Rolls-Royce Seeks to Resolve Circuit Split on Whether District Courts Can Order Discovery For Use in Private Arbitration Sheppard, Mullin, Richter & Hampton LLP
Feb
9
2024
DOJ and North Carolina Attorney General Reach $13.5M Settlement in Discriminatory Lending Case Sheppard, Mullin, Richter & Hampton LLP
Jun
11
2010
When Are Goods Received For The Purpose Of Asserting Administrative Priority Status Under Section 503(b)(9) Of The Bankruptcy Code? Sheppard, Mullin, Richter & Hampton LLP
Apr
18
2014
Fourth Circuit Affirms Dismissal of Securities Fraud Complaint Where Inference of Scienter Was Not Sufficiently Strong Sheppard, Mullin, Richter & Hampton LLP
Jan
18
2014
Suits Brought by State AGs Alone Not “Mass Actions”: SCOTUS Sides With 4th, 7th, and 9th Circuits in Clarifying CAFA’s (Class Action Fairness Act) Mass Action Requirements Sheppard, Mullin, Richter & Hampton LLP
Mar
16
2017
Antitrust Not Always Available in Competitor Disputes in the Healthcare Sector Sheppard, Mullin, Richter & Hampton LLP
Aug
5
2022
4th Circuit: Borrower Must Return Loan Proceeds After Rescission Despite Lender’s Failure to Meet TILA Requirements Sheppard, Mullin, Richter & Hampton LLP
May
17
2017
Straight Shooter: Fourth Circuit Stands By Its Earlier Decision In Case About Iraqi Security Guards Whose Inability To Shoot Straight Gave Rise to FCA Liability Sheppard, Mullin, Richter & Hampton LLP
Nov
21
2022
Pharmaceutical Manufacturers Ask EDVa to Allow Cost-Sharing Under the AKS Sheppard, Mullin, Richter & Hampton LLP
Jan
21
2014
Fourth Circuit Finds $24 Million False Claims Act Penalty Not Excessive Even Where No Damages Proven at Trial Sheppard, Mullin, Richter & Hampton LLP
Feb
25
2015
The Fourth Circuit Strengthens the FCA’s Implied Certification Theory in Triple Canopy Sheppard, Mullin, Richter & Hampton LLP
Feb
16
2017
Fourth Circuit Punts at Rare Opportunity to Rule on Statistical Sampling Sheppard, Mullin, Richter & Hampton LLP
Apr
23
2015
Abuse of Discretion Not Shown By Court’s Failure To “Show Its Arithmetic” in Significantly Reducing Claimed Attorney Fees in CEQA Litigation Sheppard, Mullin, Richter & Hampton LLP
Dec
5
2019
3 Steps in Furtherance of Avoiding Devastating Spoliation Sanctions in Trade Secret Misappropriation Litigation Sheppard, Mullin, Richter & Hampton LLP
Feb
14
2011
Court to Lenders: Strict Compliance with Local Recording Requirements Necessary Sheppard, Mullin, Richter & Hampton LLP
May
28
2014
Hall v. Rite Aid and the Return of the Underpants Gnomes Sheppard, Mullin, Richter & Hampton LLP
Aug
4
2009
One if by Land, Two if by Sea: The RACs Head for North Carolina Poyner Spruill LLP
Aug
14
2009
Jury Verdict Highlights Risks Involved in Monitoring Employee E-Mail and Reminder to Start Using New Form I-9 Poyner Spruill LLP
Feb
16
2011
Ice Inspection Hits Close to Home - Guilty of I-9 Form Violations Poyner Spruill LLP
Feb
4
2014
Fourth Circuit Rules That Temporary Impairments May Be Americans with Disabilities Act (ADA) Covered Disabilities Poyner Spruill LLP
Aug
27
2009
Little Errors Equals Big Losses with Deeds of Trust Poyner Spruill LLP
Jan
10
2016
Fourth Circuit Holds Consequential Damages Exclusion Bars $19 Million Fire Loss Claim Poyner Spruill LLP
 

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