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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Oct
21
2015
Ten Years Later — The End of Tuomey’s Journey McDermott Will & Emery
Dec
21
2018
Second Circuit Joins Majority in Applying Octane Fitness to Lanham Act McDermott Will & Emery
Nov
17
2020
Even the Rocket Docket McDermott Will & Emery
Feb
11
2021
Fairness Is the Limit for Asserting False Advertising Claims McDermott Will & Emery
Feb
23
2023
Message Received: US Courts Are Appropriate, More Convenient Venue to Adjudicate US IP Disputes McDermott Will & Emery
Jun
6
2011
False Advertising Injunction Upheld; It’s All Good … And Good for You McDermott Will & Emery
Nov
23
2020
Content May Soon Run Out McDermott Will & Emery
Feb
11
2021
A Shoe-In? Fleet Feet Gives Injunction Appeal the Moot Boot McDermott Will & Emery
Apr
8
2021
Pardon My French: France Wins Trademark Dispute Using Sovereign Immunity McDermott Will & Emery
Jun
15
2011
Domain Name Registrant Found to Lack Bad Faith in UDRP Proceeding Later Loses Against ACPA Claim McDermott Will & Emery
Jun
12
2012
Fashion Fakes: No Counterfeit Burberrys® Allowed Here McDermott Will & Emery
Oct
4
2013
Fourth Circuit Holds that Alcoholic Beverage Control Board (ABC) Regulation Cannot Prohibit Advertising in All College Newspapers McDermott Will & Emery
Apr
11
2016
EEOC Files Lawsuit Against Employers for Sex Discrimination Under Title VII McDermott Will & Emery
Aug
30
2016
Fourth Circuit Affirms Dismissal of Ex-Employee’s Retaliation Suit McDermott Will & Emery
Apr
9
2020
No Trade Dress Protection for Functional Shape and Color Scheme McDermott Will & Emery
Dec
7
2020
Competing Approaches in South Carolina McDermott Will & Emery
May
1
2013
Fourth Circuit Rejects Post-Trial Preclusion Ruling in Paper Towel “Stuffing” Saga McDermott Will & Emery
Jul
24
2014
U.S. Appeals Courts Issue Conflicting Decisions on Whether ACA Permits Tax Subsidies of Health Care Coverage Purchased Through Federal Exchanges McDermott Will & Emery
Apr
13
2016
Hospital Trade Associations Side with Agape in Fourth Circuit Appeal, Urging the Court to Reject Use of Statistical Sampling to Prove Liability in FCA Cases McDermott Will & Emery
Jun
26
2018
District Court Decision Joins Ranks of FCA Cases Confirming Escobar’s Materiality Standard McDermott Will & Emery
Dec
9
2020
Promising Court Opinions in First Wave of COVID Insurance Loss Claims for Restaurants Norris McLaughlin P.A.
Jun
18
2021
PRETZEL CRISPS Found to Be Generic… Again Norris McLaughlin P.A.
Sep
3
2021
Belmora Petitions for Supreme Court Review of FLANAX Decision Norris McLaughlin P.A.
Jan
5
2015
Robinson v. JoeyBra LLC - Design Patent Case Digest Sterne, Kessler, Goldstein & Fox P.L.L.C.
Nov
10
2012
District Court Holds Filing of Request for Continued Examination Does Not Reduce Patent Term Adjustment Sterne, Kessler, Goldstein & Fox P.L.L.C.
Nov
23
2018
Federal Court Allows Challenge to Government Policy of Using Detained Immigrant Children as Bait to Arrest Families The National Law Review / The National Law Forum LLC
May
26
2017
4th Circuit Ruling Continues Star-Crossed Fate of Trump Administration Travel Ban Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
21
2019
Fourth Circuit Denies Wage Discrimination Claim Due to Job Responsibilities Not Being “Virtually Identical” Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
12
2021
Plaintiff’s Employment Discrimination Civil Action Is Timely—Until It Is Not Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
May
3
2023
Federal District Court in Virginia Rejects Familiar Two-Step FLSA Collective Certification Approach Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
May
1
2020
Recent Cases May Help Alleviate Concerns for H-1B Employers Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
May
15
2019
Judge Orders Nationwide Preliminary Injunction Blocking Enforcement of Automatic Accrual of Unlawful Presence Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
16
2019
ERISA-Exempt Governmental Plan Withstands Putative Class Action Challenge Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
11
2020
Federal Court in North Carolina Rules Regarding Reasonable Accommodations Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
25
2022
Federal Court: Employee’s Self-Serving Testimony and Discovery Responses Did Not Satisfy Burden of Proof on Summary Judgment Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
 

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