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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Mar
23
2019
When an FLSA Blended Rate Improperly Acts as a Regular Rate: A Case in Point Jackson Lewis P.C.
Oct
8
2019
North Carolina Court Awards $41 Thousand-Plus Penalty for Failure to Produce Documents Requested by Plan Participants Jackson Lewis P.C.
Jun
22
2021
Bonuses Prompted by Federal Tax Reform and Pay for Charitable Volunteer Time Were Properly Excluded From Employees’ Overtime Calculation, Fourth Circuit Holds Jackson Lewis P.C.
Oct
20
2021
Aon Defeats ERISA Class Action at Trial Jackson Lewis P.C.
Apr
11
2014
Mine Operators, not Contractors, Have Injury Reporting Duty Jackson Lewis P.C.
Apr
17
2018
EEOC’s Notice Pleading Survives Motion to Dismiss in Failure to Accommodate and Wrongful Termination Suit Jackson Lewis P.C.
Jun
25
2021
Fourth Circuit Clarifies Scope of Title VII Same-Sex Workplace Harassment Jackson Lewis P.C.
Jan
3
2014
$237 Million Judgment Against Health Care System for Stark Law and False Claims Act Violations Jackson Lewis P.C.
Oct
23
2014
NLRB Cannot Show Unlawful Discharges Where Decision-Maker Was Unaware Of Employees’ Pro-Union Activity Jackson Lewis P.C.
May
15
2015
Fourth Circuit Sets Employee-Friendly Standard for Title VII Retaliation Claims Jackson Lewis P.C.
Jun
17
2016
Fourth Circuit Upholds Sarbanes-Oxley Whistleblower Retaliation Finding and Substantial Monetary Award Jackson Lewis P.C.
Apr
11
2017
Applicant Who Failed Pre-Employment Drug Test Could Not Show That Public Employer Violated Her Due Process Rights or Title VII Jackson Lewis P.C.
Jun
17
2019
Agents Beware: Representation Agreement May Not Be Enforceable If It Violates State Sports Agent Laws Jackson Lewis P.C.
Nov
12
2021
Court Rejects Challenge to West Virginia Private Employer’s Mandatory COVID-19 Vaccine Policies Jackson Lewis P.C.
Apr
17
2014
Employer Used As Means to Commit Crime not a Victim under Restitution Act, Fourth Circuit Court Rules Jackson Lewis P.C.
Jan
11
2017
Employee Cannot Maintain Collective Action for Employer’s Failure to Post FMLA Notice Jackson Lewis P.C.
Jun
25
2021
Fourth Circuit Court of Appeals Holds HIPAA Does Not Create a Private Right of Action Jackson Lewis P.C.
Jan
10
2014
Criminal Charges Dropped against Mining Company, Foreman Jackson Lewis P.C.
Mar
31
2019
Fourth Circuit Reaffirms That Regular, Reliable Attendance Is Essential Function Of Most Jobs Jackson Lewis P.C.
Apr
27
2022
North Carolina federal court holds it lacks jurisdiction over claims of out-of-state opt-ins Jackson Lewis P.C.
Sep
29
2014
Social Media and Spoliation – Can A Client Delete Her Facebook Posts? Sherin and Lodgen 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
 

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