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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Jun
12
2023
The Sixth Circuit Creates a New FLSA Certification Process Hunton Andrews Kurth
Mar
21
2017
Two Federal Courts Block President Trump’s Latest 90-Day Travel Suspension; Administration’s Appeal to the Fourth Circuit Forthcoming Hunton Andrews Kurth
Mar
28
2022
Employers Be WARNed: Remote Employees Receive Class Certification in Suit for Wrongful Termination Hunton Andrews Kurth
Jun
17
2021
Fourth Circuit Holds that the Federal Arbitration Act Does Not Prohibit Parties from Waiving Appellate Review Hunton Andrews Kurth
Jun
18
2021
D.C. Circuit Clarifies Boundaries of Protected Employer Expressions Hunton Andrews Kurth
May
30
2017
Breaking News: Fourth Circuit Court Issues Ruling Against Executive Order Regarding Travel Suspension Hunton Andrews Kurth
Apr
22
2021
Fourth Circuit Holds that Mine Not Liable Under Surface Mining Act When CWA Permit Shield Applies Hunton Andrews Kurth
Dec
20
2022
Without Reservations: Fourth Circuit Affirms That Vague Reservation of Rights Waived Insurers’ Coverage Arguments Hunton Andrews Kurth
Feb
27
2024
Year in Review: Top Insurance Cases of 2023 Hunton Andrews Kurth
Apr
20
2023
Fourth Circuit Outlines Pitfalls in Using Severance Plans for Layoffs Hunton Andrews Kurth
Dec
28
2022
Court: “Literal” Reading Of Insurance Statute Is “Poppycock” Hunton Andrews Kurth
Apr
28
2010
No Duty to Defend Accountant in Third-Party Action Goldberg Segalla LLP
Jul
25
2013
North Carolina Dentists Seek Rehearing En Banc After Losing Bid for Antitrust Immunity McDermott Will & Emery
Feb
1
2014
Fleeting Use of Work in Historic Display Is Fair Use: Bouchat v. Baltimore Ravens McDermott Will & Emery
Jan
10
2017
Administrative Procedure Act (APA) Challenge to Notice of Deficiency in Tax Court: QinetiQ Affirmed McDermott Will & Emery
Feb
28
2017
Veteran Class-Action Suits Following Data Breaches Dismissed for Lack of Standing McDermott Will & Emery
Feb
29
2024
Badgerow Enforced: District Court Lacks Independent Jurisdiction to Enforce Arbitration Award McDermott Will & Emery
Aug
2
2013
Imperfect Blend: Fourth Circuit Holds Lanham Act , May Preempt North Carolina Gasoline Blending Statute McDermott Will & Emery
Jul
30
2015
Could Bieb Be a Copyright Infringer? McDermott Will & Emery
Dec
22
2017
Two Federal Preemption Cases, One Consistent Outcome McDermott Will & Emery
Aug
2
2018
En Banc Federal Circuit: § 145 Appellants Generally Not Liable for PTO Attorneys' Fees McDermott Will & Emery
Mar
29
2019
Booking.com is not Generic: Fourth Circuit Addresses Protection for ".Com" Trademarks McDermott Will & Emery
Aug
13
2019
Federal Court Dismisses Challenge to ESOP Transaction McDermott Will & Emery
Feb
29
2024
Yo-Ho-No Vicarious Liability for Online Piracy Without Financial Benefit McDermott Will & Emery
Mar
12
2015
The Fourth Circuit Denies Triple Canopy’s Petition for Rehearing En Banc McDermott Will & Emery
Oct
6
2015
Fourth Circuit to Rule on Use of Statistical Sampling to Prove FCA Liability McDermott Will & Emery
Apr
21
2016
Update on Administrative Procedure Act (APA) Challenges to Notice of Deficiency McDermott Will & Emery
Oct
28
2016
Oral Arguments Held In Closely Watched Agape Case McDermott Will & Emery
Jan
30
2019
Turbulence on Breach of Employment Agreement, Trade Secret Misappropriation McDermott Will & Emery
Feb
8
2024
Carolina Calling: Sources of Proof Favor Transfer McDermott Will & Emery
Apr
19
2012
Fourth Circuit Vacates Stark Damages Award; Provides Interpretation of Key Stark Law Provisions McDermott Will & Emery
Jan
28
2015
Recent U.S. Cases Highlight Liability Risks to Executives in Mining, Heavy Industrial Transactions McDermott Will & Emery
Oct
31
2016
APA Challenge to Notice of Deficiency: QinetiQ Oral Arguments McDermott Will & Emery
May
10
2018
District Court Discards FCA Claim with Prejudice for Inability to Identify Specific False Claims McDermott Will & Emery
May
18
2023
Pending Appeal Does Not Divest Board of Statutory Authority to Institute IPRs McDermott Will & Emery
Apr
1
2013
Proof of Copying by Circumstantial Evidence Requires More than “Mere Possibility” in Copyright Infringement Case McDermott Will & Emery
Sep
5
2014
North Carolina Dental Board Urges Reversal of FTC’s “Radical” Stance on State Action Immunity McDermott Will & Emery
Jan
20
2016
Opening Briefs Filed in Fourth Circuit Case on Use of Statistical Sampling to Prove FCA Liability – Could Have Far-Reaching Implications for FCA Defendants McDermott Will & Emery
Mar
10
2017
Fourth Circuit Clarifies the Role of the Collection Due Process Hearing McDermott Will & Emery
Nov
12
2019
Class Certification Denied In ERISA Health Coverage Lawsuit McDermott Will & Emery
Mar
24
2021
Waiver in PTO Trademark Appeals Applies “Per Decision, Not Per Case” McDermott Will & Emery
Feb
9
2023
It’s PRUdent to Refrain from Cybersquatting: ACPA Applies to Domain Name Re-Registration McDermott Will & Emery
Aug
24
2023
Disgorgement of Profits Appropriate Remedy for Breach of Contract, Trademark Infringement McDermott Will & Emery
Feb
12
2024
Year in Review: Criminal Enforcement by the DOJ Antitrust Division in 2023 McDermott Will & Emery
May
28
2015
Litigants Challenging PTO Decisions in District Court Should Be Prepared to Pay PTO’s Attorneys’ Fees McDermott Will & Emery
Jan
26
2016
Virginia’s Certificate of Need Laws May Stay, Fourth Circuit Says McDermott Will & Emery
Feb
1
2017
Fourth Circuit Court Rejects Criminal Defendant’s Attempt to Dismiss Indictment Based on Favorable Defense Verdict in Non-Intervened FCA Case McDermott Will & Emery
Aug
29
2018
Yo Ho No: Lack of Express Language Scuttles Claim of Sovereign Immunity Waiver McDermott Will & Emery
May
12
2012
Laches Period Begins from Knowledge of Confusing Use, Not Mere Knowledge of Use McDermott Will & Emery
Jan
26
2018
Parties Must Arbitrate Arbitrability McDermott Will & Emery
 

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