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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Jul
23
2014
Virginia Federal Judge Rejects Highly Compensated IT Professional’s Misclassification Claim Jackson Lewis P.C.
Aug
3
2015
Joining Ninth Circuit, Fourth Circuit Rejects Cause of Action to Recover Gratuities Under FLSA When No Tip Credit Taken Jackson Lewis P.C.
Jul
23
2014
Dueling Decisions in the 4th and D.C. Circuit Courts of Appeals Spell More ACA Uncertainty for Employers Jackson Lewis P.C.
Jun
21
2019
U.S. Supreme Court Leaves Open the Issue of FCC Interpretation of TCPA, For Now Jackson Lewis P.C.
May
18
2023
Chipping Away at Two-Step Conditional Certification in FLSA Collective Actions Jackson Lewis P.C.
Aug
2
2016
Federal Court In Virginia Rejects Defendant’s Proportionality Argument Jackson Lewis P.C.
Nov
3
2016
FMLA Leave Not a Bridge to European Vacation Jackson Lewis P.C.
Mar
10
2017
Failure to Accommodate Religious Belief Claim to Move Forward Jackson Lewis P.C.
Nov
30
2013
Employee Who Was Discharged After Failing To Disclose Criminal Convictions For Drug Possession Was Not “Regarded As Disabled” Jackson Lewis P.C.
Feb
11
2014
Virginia Judge Finds Another Loan Officer To Be Exempt “Outside” Salesman Jackson Lewis P.C.
Sep
24
2014
North Carolina Judge Upholds Employer Classification of Employee as Exempt Computer Professional Jackson Lewis P.C.
Feb
13
2015
Court Holds MSHA Has Jurisdiction over Coal Blending Operation Jackson Lewis P.C.
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.
Aug
11
2016
Supreme Court Decision Restricts Government Prosecution of Political Corruption Jackson Lewis P.C.
Mar
15
2017
How Does Supreme Court’s Remand of Transgender Discrimination Case Impact Wage-and-Hour Class Actions? Jackson Lewis P.C.
Feb
15
2019
Unsettled Waters at the Accommodation of Last Resort Jackson Lewis P.C.
Jul
13
2021
Predecessor Employer Defeats Proposed Class Action Challenging Spin Off’s Decision to Cut Benefits Jackson Lewis P.C.
Sep
19
2017
Employers Should Engage In the Interactive Process Even If They Believe the Employee Is Not Qualified. Jackson Lewis P.C.
Nov
21
2017
Timing Is Everything: FMLA Claim Survives Summary Judgment Where Employer Began Auditing Employee’s Records The Day After FMLA Leave Request Jackson Lewis P.C.
Feb
15
2019
Rumors and Gossip in Workplace Can Create Employer Liability for Harassment, Fourth Circuit Holds Jackson Lewis P.C.
Dec
11
2023
U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue Jackson Lewis P.C.
Jan
19
2014
Eastern District of Virginia Judge Cacheris Expands Upon “Customarily and Regularly Away” Prong Of Outside Salesperson Analysis Jackson Lewis P.C.
Aug
24
2015
Courts Disagree on Whether Government May Obtain Cell Phone Location Information Without a Warrant Jackson Lewis P.C.
Apr
9
2016
Fourth Circuit Adopts ‘But For’ Standard for Proof of Discrimination under Americans with Disabilities Act Jackson Lewis P.C.
Nov
10
2016
Fourth Circuit Court Discusses Obligation To Preserve Text Messages Under New Rule 37(e) Jackson Lewis P.C.
Feb
8
2020
Federal Judge Blocks Enforcement of DHS’ “Unlawful Presence” Calculation Jackson Lewis P.C.
Apr
15
2015
Following Supreme Court Direction, Maryland Federal Court Rules Waiting Time Not Compensable Jackson Lewis P.C.
Jul
19
2017
Review of Previously Opened Email May Violate Stored Communications Act Jackson Lewis P.C.
Sep
28
2017
Supreme Court Grants Certiorari (Again) to Address Circuit Split on FLSA Automobile Dealer Exemption Jackson Lewis P.C.
Jul
16
2021
Fourth Circuit Provides Guidance on How to Count Affected Employees Under WARN Act Jackson Lewis P.C.
Dec
16
2013
U.S. Supreme Court Decides Not to Review Union-Neutrality Case After All Jackson Lewis P.C.
Dec
8
2017
Toll Road Ahead: Fourth Circuit Rules Mixed-Fleet Interstate Truck Drivers May Be Entitled to Overtime Pay Jackson Lewis P.C.
Oct
29
2018
Grade/Step Pay-Setting System Insufficient to Defeat Pay Discrimination Claim, Fourth Circuit Holds Jackson Lewis P.C.
Dec
8
2020
Mandatory Gratuities Are Not “Tips” But May Qualify as Commissions Under the FLSA, Fourth Circuit Holds Jackson Lewis P.C.
Aug
19
2022
Gender Dysphoria is Not Excluded from Coverage under ADA, Fourth Circuit Rules Jackson Lewis P.C.
 

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