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
12
2014
Eastern District of Virginia Finds False Claim Allegations Too Speculative Proskauer Rose LLP
Mar
1
2014
The Supreme Court Should Reverse 4th Circuit’s Flawed FCA Ruling - False Claims Act Faegre Drinker
Feb
22
2014
EPA Appeals Successful Challenge to a Pre-Enforcement Clean Water Act (CWA) Order; Federal District Court Upholds Agricultural Stormwater Exemption for West Virginia Poultry Concentrated Animal Feeding Operation (CAFO) Michael Best & Friedrich LLP
Feb
17
2014
Following Daubert Hearing, Federal Court Refuses to Certify Proposed Medical Monitoring Class Beveridge & Diamond PC
Feb
11
2014
Maryland District Court Denies Certification of TCPA (Telephone Consumer Protection Act) Class Action Because Class Members Were Not Ascertainable Faegre Drinker
Feb
11
2014
Virginia Judge Finds Another Loan Officer To Be Exempt “Outside” Salesman Jackson Lewis P.C.
Feb
11
2014
Release Agreements Bar Tort Claims in Fourth Circuit Fracking Case Beveridge & Diamond PC
Feb
11
2014
Caller Beware: The Growing Risk of Hiring Telemarketers Womble Bond Dickinson (US) LLP
Feb
7
2014
North Carolina Court of Appeals: Tillman Substantive Unconscionability Test No Longer Valid Womble Bond Dickinson (US) LLP
Feb
5
2014
West Virginia District Court Holds Reused Water and Condensate Are Not Resource Conservation and Recovery Act (RCRA) Solid or Hazardous Waste Morgan, Lewis & Bockius LLP
Feb
4
2014
Western District of Virginia Judge Certifies Class Action in Same Sex Marriage Case Womble Bond Dickinson (US) LLP
Feb
4
2014
Fourth Circuit Rules That Temporary Impairments May Be Americans with Disabilities Act (ADA) Covered Disabilities Poyner Spruill LLP
Feb
1
2014
Fleeting Use of Work in Historic Display Is Fair Use: Bouchat v. Baltimore Ravens McDermott Will & Emery
Jan
29
2014
Fourth Circuit: Temporary Impairment May Constitute Disability after Americans with Disabilities Act Amendments Act (ADAAA) Godfrey & Kahn S.C.
Jan
27
2014
“Substantial” Limitation under the Americans with Disabilities Act (ADA) Not as “Substantial” as it Used to Be Jackson Lewis P.C.
Jan
27
2014
Court of Appeals Decisions Will Stick on the National Labor Relations Board (NLRB) Poster Rule McBrayer, McGinnis, Leslie and Kirkland, PLLC
Jan
26
2014
Fourth Circuit Court of Appeals Analyzes the History of the ADAAA and Remands Case Involving “Temporary Disability” to District Court - ADA Amendments Act of 2008 Barnes & Thornburg LLP
Jan
25
2014
4th Cir. First to Apply "Disability" Definition Under ADAAA - ADA Amendments Act of 2008 Odin, Feldman & Pittleman, P.C.
Jan
21
2014
Fourth Circuit Finds $24 Million False Claims Act Penalty Not Excessive Even Where No Damages Proven at Trial Sheppard, Mullin, Richter & Hampton LLP
Jan
19
2014
Eastern District of Virginia Judge Cacheris Expands Upon “Customarily and Regularly Away” Prong Of Outside Salesperson Analysis Jackson Lewis P.C.
Jan
18
2014
Suits Brought by State AGs Alone Not “Mass Actions”: SCOTUS Sides With 4th, 7th, and 9th Circuits in Clarifying CAFA’s (Class Action Fairness Act) Mass Action Requirements Sheppard, Mullin, Richter & Hampton LLP
Jan
17
2014
Potential Changes in How to Admit Medical Records in Virginia Circuit Court Odin, Feldman & Pittleman, P.C.
Jan
17
2014
Overkilling Qimonda Re: Bankruptcy and Intellectual Property Litigation Greenberg Traurig, LLP
Jan
14
2014
Can a Suit Seeking Only Injunctive Relief and Prevailing Party Attorney Fees Trigger a Commercial General Liability (CGL) Insurer’s Duty to Defend? Neal, Gerber & Eisenberg LLP
Jan
12
2014
Another U.S. Court of Appeals Decision Protects U.S. Creditors from the Effects of Foreign Bankruptcy Law Greenberg Traurig, LLP
Jan
10
2014
Criminal Charges Dropped against Mining Company, Foreman Jackson Lewis P.C.
Jan
9
2014
The High Price of Challenging a Trademark Trial and Appeal Board Decision in Virginia District Court Morgan, Lewis & Bockius LLP
Jan
3
2014
$237 Million Judgment Against Health Care System for Stark Law and False Claims Act Violations Jackson Lewis P.C.
Dec
19
2013
Judge Urbanski Awards Attorney Fees in Breach of Consent Injunction Womble Bond Dickinson (US) LLP
Dec
19
2013
Employee’s Failure to Comply with Handbook Policy Does Not Necessarily Halt ADA (Americans with Disabilities Act) Claim Faegre Drinker
Dec
18
2013
Supreme Court Overturns Fourth Circuit Precedent on Time Limitations for Filing ERISA (Employee Retirement Income Security Act) Benefit Lawsuits. Womble Bond Dickinson (US) LLP
Dec
18
2013
Judge Wilson Dismisses Claim of Defectively Manufactured Tree Stand - Western District of Virginia Womble Bond Dickinson (US) LLP
Dec
16
2013
The United Kingdom Information Commissioner’s Office (UK ICO) Vision for the Future McDermott Will & Emery
Dec
16
2013
U.S. Supreme Court Decides Not to Review Union-Neutrality Case After All Jackson Lewis P.C.
Dec
9
2013
Fourth Circuit Enforces Waiver of Equal Credit Opportunity Act (ECOA) Rights in Loan Restructuring Agreements Womble Bond Dickinson (US) LLP
Dec
6
2013
Dormant Commerce Clause Update – 4th Circuit Panel Talks Trash Faegre Drinker
Dec
5
2013
Qui Tam Update: Recent Developments & Unsealed Cases November 2013 Mintz
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.
Nov
23
2013
Pendulum Swing: Fourth Circuit Ends Use of "Satisfactory Proof" Language for Bestowing Discretionary Authority to Plan Administrator Womble Bond Dickinson (US) LLP
Nov
22
2013
Summary Judgment Hearing On First Amendment Challenge To Charlottesville's Panhandling Ban Womble Bond Dickinson (US) LLP
Nov
22
2013
Banks to Settle Lawsuit Challenging Merger Womble Bond Dickinson (US) LLP
Nov
16
2013
New Western District of Virginia Magistrate Judge Appointed Womble Bond Dickinson (US) LLP
Nov
15
2013
Judge Turk of the Western District of Virginia United States District Court Dismisses Government Contract Dispute Womble Bond Dickinson (US) LLP
Nov
12
2013
Fourth Circuit Weighs in on Supreme Court’s Class Action Decision in Walmart v. Dukes–or Does It? Womble Bond Dickinson (US) LLP
Nov
2
2013
Fourth Circuit Court of Appeals Takes Rare Step of Vacating Arbitrator’s Award, Saving Employer $400,000 Mintz
Oct
29
2013
Fourth Circuit Rejects Surface Owners’ Trespass Claim Against Drilling Operator Beveridge & Diamond PC
Oct
23
2013
District Courts in 11th and 4th Circuits Re-affirm Varity Rule in Face of Amara-like Claims Womble Bond Dickinson (US) LLP
Oct
16
2013
Fourth Circuit Gives Mayweather a Knock-Out on Flawed Damages Evidence Womble Bond Dickinson (US) LLP
Oct
11
2013
Federal Court Rules Maryland Scheme to Promote Investment in In-State Generation Unconstitutional McDermott Will & Emery
Oct
9
2013
Employees Who Download Trade Secrets As They Head Out the Door Can Be Guilty of TS Theft, Even Before They Make Use of the Information Womble Bond Dickinson (US) LLP
 

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