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.

Date Title Organization
1
Mar
Telephone and Texting Compliance News: Litigation Update — Career Counseling v. AmeriFactors – Another Defense Win in the Fax Class Certification War Mintz
29
Feb
Yo-Ho-No Vicarious Liability for Online Piracy Without Financial Benefit McDermott Will & Emery
29
Feb
Badgerow Enforced: District Court Lacks Independent Jurisdiction to Enforce Arbitration Award McDermott Will & Emery
29
Feb
District Court Elucidates the Meaning of “to Induce” Under the Federal Health Care Program Anti-Kickback Statute Sheppard, Mullin, Richter & Hampton LLP
28
Feb
Another Implementer Hold Out Door Closes: The Death of the Anti-Suit Injunction? Mintz
28
Feb
“FISHING EXPEDITION” REJECTED: Craig Cunningham’s “Generic Allegations” Result in TCPA Case Being Thrown Out Troutman Amin, LLP
27
Feb
Year in Review: Top Insurance Cases of 2023 Hunton Andrews Kurth
27
Feb
2024 Litigation Look Ahead Series: Increased Application of Major Questions Doctrine Could Limit Regulatory Authority Beveridge & Diamond PC
20
Feb
Federal Judge Grants HHS-OIG Victory For Interpretation Of Anti-Kickback Statute In Prior Advisory Opinion Barnes & Thornburg LLP
16
Feb
Bizarre: Oddball Complaint by Pro Se TCPA Claim Seeking $50MM in Damages Meets Its End Troutman Amin, LLP
16
Feb
Limitation of Damages Clause in Contract Held Inapplicable to Subcontractor’s Change Order Claim Bradley Arant Boult Cummings LLP
15
Feb
Can Legislative History Restore a Repealed IRC Provision? Miller Canfield
15
Feb
No Fair Use for Photo Used Without Required Attribution McDermott Will & Emery
15
Feb
GEICO VENDOR STUCK IN CLAIM: Unusual TCPA Claim Arising out of Car Accident Headed to the Jury Troutman Amin, LLP
12
Feb
Year in Review: Criminal Enforcement by the DOJ Antitrust Division in 2023 McDermott Will & Emery
9
Feb
DOJ and North Carolina Attorney General Reach $13.5M Settlement in Discriminatory Lending Case Sheppard, Mullin, Richter & Hampton LLP
8
Feb
Carolina Calling: Sources of Proof Favor Transfer McDermott Will & Emery
1
Feb
Federal Court Directed to Rule on Challenge to WV Pooling Statute Babst, Calland, Clements & Zomnir, P.C.
26
Jan
Fax Class Still Denied: COA Affirms Denial of Class Certification Finding Online Fax Services Not Covered under the TCPA Troutman Amin, LLP
24
Jan
Climate Change Litigation – State Tort Cases Move Ahead Blank Rome LLP
19
Jan
2023 Cybersecurity Year In Review Squire Patton Boggs (US) LLP
10
Jan
Fourth Circuit Holds Per-Se Rule Does Not Apply in Bid-Rigging Case McDermott Will & Emery
5
Jan
Private Credit Restructuring Trends: No AAL, No Problem? Proskauer Rose LLP
26
Dec
Eleventh Circuit Deepens Circuit Split Over Causation Standard for FMLA Retaliation Claims Proskauer Rose LLP
26
Dec
ADA “Tester” Standing Case Evades US Supreme Court Review—For Now Mintz
19
Dec
The Monumental PFAS Settlements with Water Suppliers Aren't Out of the Woods but Give the Judge, Class Counsel, and Defense Counsel an "A+" for Effort Mintz
12
Dec
Weekly Bankruptcy Alert - December 12, 2023 (For the week ending December 10, 2023) Pierce Atwood LLP
11
Dec
U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue Jackson Lewis P.C.
6
Dec
District Court Quickly Reinstates Class Certification in Marriott Data Breach Litigation Squire Patton Boggs (US) LLP
29
Nov
In Genesis Case, South Carolina District Court Scraps HRSA Interpretation of “Patient” Under 340B Statute Epstein Becker & Green, P.C.
21
Nov
FERC Releases Fiscal Year 2023 Annual Enforcement Report Pierce Atwood LLP
15
Nov
States Continue to Adopt the “Continuous-Trigger” Theory of “Occurrence” Under Commercial General Liability Insurance Policies Babst, Calland, Clements & Zomnir, P.C.
13
Nov
Standing Room Only: SCOTUS Accepts Review of Circuit Split on Whether Insurer is a Party in Interest in Policyholder’s Bankruptcy Hunton Andrews Kurth
2
Nov
Deserve To Win Episode 17 With Jeff Lohman Talking Navient’s Crazy RICO Suit Against Him!!!! [Video] Troutman Amin, LLP
26
Oct
Check for Bankruptcies with Your Claimant – You Might Find Gold Bradley Arant Boult Cummings LLP
25
Oct
“What’s In Your Wallet?” Court’s Use Capital One to Expand TCPA Class Standing! Troutman Amin, LLP
23
Oct
Legal Separateness: The Boundaries on Written Discovery Proskauer Rose LLP
20
Oct
Recent Marriott Data Breach Class Action Decision Underscores the Importance of Class Action Waivers Squire Patton Boggs (US) LLP
13
Oct
SCOTUS Cert Recap: SCOTUS Adds 12 Cases To Docket, Including On Free Speech, Takings, Constitutional Remedies, And Claim Accrual Barnes & Thornburg LLP
12
Oct
TCPA AND MARYLAND TCPA CLAIMS SURVIVE: Prerecorded Calls Remain Actionable Even If An ATDS Wasn’t Used Troutman Amin, LLP
9
Oct
REVERSED!: Navient’s Big ~$1MM Win Against Lohman for Supposed Fraudulent TCPA Suits Was Just Thrown Out–And Its Another Reminder for All of Us Troutman Amin, LLP
29
Sep
Lab Owner Sentenced to Over 16 Years for Health Care Fraud, Money Laundering ArentFox Schiff LLP
22
Sep
District Court Breaks Trend and Allows Claims Challenging Prudence of BlackRock LifePath Index Target Date Funds to Proceed Proskauer Rose LLP
22
Sep
Don't Say You Weren't Warned! Court Of Appeal Declines To Enforce Delaware Forum Selection Clause In Delaware Corporation's Certificate Of Incorporation Allen Matkins Leck Gamble Mallory & Natsis LLP
21
Sep
Fourth Circuit Weighs In On Rules For Clean Water Act’s One-Year Deadline for State Water Quality Certifications for Federal Discharge Permits Beveridge & Diamond PC
1
Sep
The Fifth Circuit Lowers Pleading Standard for Title VII Discrimination Claims Polsinelli PC
24
Aug
Disgorgement of Profits Appropriate Remedy for Breach of Contract, Trademark Infringement McDermott Will & Emery
17
Aug
Fourth Circuit Holds Catch-and-Release Fishing Not Regulated by Federal Clean Water Act ArentFox Schiff LLP
14
Aug
Old North State Report – August 14, 2023 Nelson Mullins
14
Aug
Defamation Lawsuit Filed Against Researcher Over Comments About Splenda Keller and Heckman LLP
 

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