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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Jan
5
2024
Private Credit Restructuring Trends: No AAL, No Problem? Proskauer Rose LLP
Jul
11
2015
Policyholder Warning: What One Provision Giveth (Defense Costs), Another Provision May Taketh Away Proskauer Rose LLP
Dec
15
2017
Maryland District Court Denies Summary Judgment on CFPA Whistleblower Claim Proskauer Rose LLP
Jul
16
2014
Fourth Circuit Rejects Widow’s Claim for Equitable Relief Proskauer Rose LLP
Jun
30
2020
District Court Affirms Order Requiring Production of Cyber-Investigation Report after Considering Totality of Circumstances Proskauer Rose LLP
Feb
17
2022
Ninth Circuit Agrees with Third Circuit that “Highest Contribution Rate” for Withdrawal Liability Payment Calculations Excludes PPA Surcharges Proskauer Rose LLP
Oct
23
2023
Legal Separateness: The Boundaries on Written Discovery Proskauer Rose LLP
Mar
10
2015
Virginia District Court Rules that EEOC Cannot Issue Early Right-to-Sue Notice Proskauer Rose LLP
Mar
4
2021
Fourth Circuit La(t)ches On to Timeliness of § 43(a) Lanham Act Claims Proskauer Rose LLP
Aug
19
2014
Divided Fourth Circuit Panel Rules On Burden of Proving Loss Causation in ERISA Fiduciary Breach Case Proskauer Rose LLP
Mar
23
2016
On Remand, North Carolina District Court Rules for the Fiduciaries in Tatum v. R.J. Reynolds Proskauer Rose LLP
Jan
26
2015
Fourth Circuit Potentially Expands Scope of False Claims Act Liability Proskauer Rose LLP
Sep
29
2015
Ruling Allows Gerber False Advertising Suit to Crawl Onward Proskauer Rose LLP
Sep
9
2021
Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor” Proskauer Rose LLP
Jun
29
2016
Is Third Party Entitled to E-Discovery and Attorney Costs for Responding to Subpoena? Proskauer Rose LLP
Jan
12
2016
Another Post-Tackett Ruling Denying Retiree Health Benefits Proskauer Rose 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
Jun
10
2021
Some Interesting CDA Section 230 Developments: A Novel FCRA Victory, a Negligent Design Exception and a Startling New State Law Proskauer Rose LLP
Feb
3
2015
4th Circuit: Four Year Statute Of Limitations Applies To SOX (Sarbanes-Oxley) Claims Proskauer Rose LLP
Apr
21
2017
Fourth Circuit Tells District Court Not to Abstain in False Ad Holy War Proskauer Rose LLP
Nov
10
2017
E.D. Virginia Allows FCA Whistleblower Retaliation Claim To Proceed Proskauer Rose LLP
Jan
28
2021
4th Circuit Holds Law Firm Partner Is Not an Employee Protected Under Title VII Proskauer Rose LLP
Feb
3
2017
Fourth Circuit Concludes That State Law Claims For Life Insurance Benefits Are Preempted Proskauer Rose LLP
May
11
2022
From Ireland to Iceland to Groban? Supreme Court Leaves in Place Circuit Split Regarding Approach for Assessing Substantial Similarity in Copyrighted Works Proskauer Rose LLP
Sep
25
2014
Fourth Circuit Holds That Insurer Waived Right to Rescind Commercial Property Policy Proskauer Rose LLP
May
3
2017
Claims Against Investment Adviser in ERISA Fee Litigation Case Dismissed Proskauer Rose LLP
Jul
24
2014
Halbig and King and The Struggle of Two Federal Appeals Courts to Find Meaning in Words That May or May Not Be in the ACA: Of Mice and Elephants Proskauer Rose LLP
Feb
23
2015
Fourth Circuit Affirms Summary Judgment against EEOC in Background Check Suit Proskauer Rose LLP
Jun
14
2015
Appealing a Trademark Registration Refusal? Win or Lose, You May Have to Pay the USPTO’s Legal Fees Proskauer Rose LLP
Jun
16
2021
District Court Takes Judicial Notice of SEC Order in Denying Motion to Dismiss Shareholder Claims Proskauer Rose LLP
Jul
14
2021
District Court Denies Interlocutory Appeal for Novel Issue of “Hardwired” 401(k) Plans Proskauer Rose LLP
Sep
22
2023
District Court Breaks Trend and Allows Claims Challenging Prudence of BlackRock LifePath Index Target Date Funds to Proceed Proskauer Rose LLP
Nov
11
2016
Not an LOL Matter: North Carolina Federal Court Provides Guidance on Steps Litigants Should Take to Preserve Text Messages Proskauer Rose LLP
Feb
24
2023
Fourth Circuit Reverses Mid-Trial Grant of Judgment Against SEC in Insider-Trading Case Proskauer Rose LLP
May
15
2014
4th Circuit: SOX Whistleblower Failed To Establish A Prima Facie Case Regarding Causation - Sarbanes Oxley Act Proskauer Rose LLP
 

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