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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Apr
4
2016
Fourth Circuit Unable to Determine Whether Driving is Essential Function of Traveling Salesperson's Job Michael Best & Friedrich LLP
Apr
4
2016
Statutory and Contractual Limitations Periods and Events that Trigger Them: Insight from Fourth Circuit Wilson Elser Moskowitz Edelman & Dicker LLP
Mar
31
2016
Fourth Circuit Extends Section 43(a) Lanham Act Standing to Companies Not Selling Their Product or Using Their Mark in U.S. Proskauer Rose LLP
Mar
24
2016
Will Fourth Circuit Overturn Decision Finding CGL Coverage for Data Breach? Commercial General Liability Barnes & Thornburg LLP
Mar
23
2016
Fourth Circuit Distinguishes Supreme Court’s Rockwell International Decision, Determines that Qui Tam Plaintiff May Amend FCA Complaint With “Further Detail” Gained From Public Disclosure Covington & Burling LLP
Mar
23
2016
On Remand, North Carolina District Court Rules for the Fiduciaries in Tatum v. R.J. Reynolds Proskauer Rose 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
Mar
21
2016
Sanctions for Failing to Investigate Insurance under Federal Rule 26 Womble Bond Dickinson (US) LLP
Mar
9
2016
Pursuing Medicare Appeals Is Not for Impatient Epstein Becker & Green, P.C.
Mar
3
2016
Virginia District Court Dismisses FCA and Retaliation Claims Based on Allegations That Government Contractor Charged an “Unreasonable Price” McDermott Will & Emery
Feb
16
2016
Refusal to Exempt Employee from “Mark of Beast” Hand Scanner Proves Damning for Company Barnes & Thornburg LLP
Feb
11
2016
Fourth Circuit Joins Sixth Circuit In Applying Strict Scrutiny To Gun Restriction Squire Patton Boggs (US) LLP
Feb
8
2016
Fourth Circuit Upholds Constitutionality of CON Law Steptoe & Johnson PLLC
Feb
2
2016
To What Extent Can You Use Errata Sheets To Correct Testimony Under Rule 30(e) Womble Bond Dickinson (US) LLP
Feb
2
2016
Is "Plausibility" a Rorschach Test? Fourth Circuit's Divided Opinion on Twombly's Motion to Dismiss Standard Womble Bond Dickinson (US) LLP
Jan
27
2016
Litigation of Groundwater Issues as it Relates to Clean Water Act Steptoe & Johnson PLLC
Jan
26
2016
Virginia’s Certificate of Need Laws May Stay, Fourth Circuit Says McDermott Will & Emery
Jan
20
2016
Opening Briefs Filed in Fourth Circuit Case on Use of Statistical Sampling to Prove FCA Liability – Could Have Far-Reaching Implications for FCA Defendants McDermott Will & Emery
Jan
12
2016
Another Post-Tackett Ruling Denying Retiree Health Benefits Proskauer Rose LLP
Jan
10
2016
Fourth Circuit Holds Consequential Damages Exclusion Bars $19 Million Fire Loss Claim Poyner Spruill 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
Jan
7
2016
Fourth Circuit’s Countdown to 2016 Includes Two FLSA Classification Decisions Mintz
Nov
24
2015
Maryland Federal Court Requires “Meeting of the Minds” To Enforce Arbitration Agreement Included in Employment Application Mintz
Nov
18
2015
On Remand, Eastern District of Virginia Narrowly Construes Supreme Court’s KBR Holding McDermott Will & Emery
Nov
11
2015
Fourth Circuit Court to Rehear Whether Government May Compel Disclosure of Cell Phone Location Information Without a Warrant Jackson Lewis P.C.
Nov
10
2015
West Virginia Federal Court Certifies Class for Liability Purposes in Chemical Spill Suit Beveridge & Diamond PC
Nov
5
2015
Too Little, Too Late: State Agency’s Enforcement Action Does Not Bar Citizen Suit under Clean Water Act ArentFox Schiff LLP
Nov
4
2015
Final Curtain Call for Tuomey: Long-Running FCA/Stark Case Settled Poyner Spruill LLP
Oct
28
2015
Settlement With DOJ Opens a New Chapter For Tuomey Squire Patton Boggs (US) LLP
Oct
22
2015
EEOC Defends “Mark of The Beast” Ruling – Religious Beliefs Don’t Have To Make Sense To Be Protected Barnes & Thornburg LLP
Oct
21
2015
Ten Years Later — The End of Tuomey’s Journey McDermott Will & Emery
Oct
16
2015
North Carolina Wrongful Discharge Claims May Not be based on Federal Public Policy or Constitution, Federal Court Rules Jackson Lewis P.C.
Oct
15
2015
Appealing Refusals to Register Marks Katten
Oct
9
2015
District Court Dismisses TCPA Claims Based on Good Faith Defense Faegre Drinker
Oct
7
2015
Fourth Circuit First to Examine Providers’ Billing Claims in False Claims Act Liability Steptoe & Johnson PLLC
 

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