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
5
2014
D.C. Circuit Court of Appeals Agrees to Hear Halbig ACA Case Before Full Court Mintz
May
15
2018
Venue Cannot Be Bootstrapped to a Defendant that Only “Works Closely” with a Resident Corporate Relative Co-Defendant Mintz
Jun
15
2013
Fourth Circuit & Federal Trade Commission (FTC): State Dental Board Subject to Federal Antitrust Laws in Teeth-Whitening Case Mintz
Aug
20
2013
Health Care Qui Tam Update: Recent Developments and Unsealed Cases Mintz
Jan
27
2020
Establishing Subject Matter Jurisdiction Over Post-Award Motions in Federal Court: Split Deepens as Fifth Circuit Joins Three Others in Adopting “Look-Through” Analysis Mintz
Mar
22
2022
TCPA Litigation Update — No Deference to the FCC’s 2006 Fax Order Mintz
Oct
25
2022
TCPA Litigation Update — In the Fourth Circuit? Fire Up the Motions to Stay Mintz
Feb
11
2014
Maryland District Court Denies Certification of TCPA (Telephone Consumer Protection Act) Class Action Because Class Members Were Not Ascertainable Faegre Drinker
Mar
28
2015
Workplace Anxiety and the Americans with Disabilities Act Faegre Drinker
Dec
6
2013
Dormant Commerce Clause Update – 4th Circuit Panel Talks Trash Faegre Drinker
Nov
27
2019
Briefing in Dish Network’s Petition to the Supreme Court Complete Faegre Drinker
Jun
18
2020
Disclosure Ordered of Data Breach Incident Response Report Prepared for Outside Counsel Faegre Drinker
Mar
1
2014
The Supreme Court Should Reverse 4th Circuit’s Flawed FCA Ruling - False Claims Act Faegre Drinker
Jul
2
2015
South Carolina District Court Says TCPA Plaintiffs Are Not Required To Plead Their Phone Numbers; Allows Plaintiff’s Negligence Claim Premised On Existence of Statutory Duty Of Care Under The TCPA To Move Forward Faegre Drinker
Sep
25
2019
Court Denies Class Certification Due to Individualized Issues Regarding Recipients’ Consent to Receipt of Faxes Faegre Drinker
Aug
5
2012
Is Your Electronic Information Protected from Employees Under the CFAA? Maybe So, Maybe Not… Faegre Drinker
Apr
26
2019
Fourth Circuit Expands Liability by Striking Federal Debt Exemption—But Not Entire TCPA—on First Amendment Grounds Faegre Drinker
May
19
2014
Fourth Circuit Holds Supreme Court’s Janus Ruling Not Applicable in Criminal Cases Faegre Drinker
Oct
10
2014
Cybersecurity Litigation Monthly Newsletter - October 2014 Faegre Drinker
Dec
10
2020
4th Circuit Declines to Consider Dish Network’s “Premature” Appeal of District Court’s $11 Million Final Disbursement Order Faegre Drinker
Feb
25
2021
Groundbreaking Fourth Circuit Decision Upholds Private Plaintiff’s Successful Effort to Unwind a Consummated Merger Faegre Drinker
Dec
19
2013
Employee’s Failure to Comply with Handbook Policy Does Not Necessarily Halt ADA (Americans with Disabilities Act) Claim Faegre Drinker
Feb
24
2017
Fourth Circuit Leaves Undisturbed a District Court Decision Against the Use of Statistical Sampling, and Holds that the United States Has the Unfettered Power to Veto FCA Settlements Faegre Drinker
Oct
8
2019
Best Practices for Plan Sponsors #12 Faegre Drinker
Jul
29
2015
District Courts Only Require Facts Sufficient to Form an Inference of the Use of an ATDS Faegre Drinker
Oct
15
2020
Florida Appellate Court Authorizes the Use of the Risk-Utility Test in Complex Medical Device Cases Faegre Drinker
Aug
21
2019
Best Practices for Plan Sponsors #10 Faegre Drinker
Nov
6
2020
Despite Absence of Settlement, Unclaimed Funds To Be Distributed To Government Or Charity Rather Than Revert To Dish Network Faegre Drinker
Oct
9
2015
District Court Dismisses TCPA Claims Based on Good Faith Defense Faegre Drinker
Jan
17
2017
Insurers Prevail on Partial Motion to Dismiss in Cost of Insurance Class Action Faegre Drinker
Jan
12
2018
Allegedly Revoked Consent Torpedoes Both Class Certification and Summary Judgment Faegre Drinker
Mar
25
2020
Attorney Facing Civil RICO Claim Ordered to Produce Attorney–Client Communications Made in Furtherance of Alleged Scheme to Manufacture TCPA Claims Faegre Drinker
May
28
2019
Stranded in State Court: Supreme Court Holds that Third-Party Counterclaim Defendants Cannot Remove Class-Action Counterclaims to Federal Court Faegre Drinker
Feb
16
2024
Limitation of Damages Clause in Contract Held Inapplicable to Subcontractor’s Change Order Claim Bradley Arant Boult Cummings LLP
Jun
13
2022
Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V Bradley Arant Boult Cummings LLP
 

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