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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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
9
2011
Software Compilation Not A Trade Secret Under State Law McDermott Will & Emery
Jun
15
2013
Federal Trade Commission (FTC) Wins North Carolina Dental State Action Case McDermott Will & Emery
Jan
26
2018
Parties Must Arbitrate Arbitrability McDermott Will & Emery
Feb
4
2021
No More Bites at the Apple: Intervening Junior User Can Force You to Get Your Head Out of the Cloud(s) McDermott Will & Emery
Feb
15
2024
No Fair Use for Photo Used Without Required Attribution McDermott Will & Emery
Mar
21
2024
District Court Subpoena Power Plays “Supporting Role” to PTO Rules McDermott Will & Emery
Jun
6
2011
False Advertising Injunction Upheld; It’s All Good … And Good for You McDermott Will & Emery
Feb
19
2015
Skinner v. Armet Armored Vehicles, Inc.: One District Court’s Attempt to Apply Triple Canopy McDermott Will & Emery
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
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
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
May
1
2013
Fourth Circuit Rejects Post-Trial Preclusion Ruling in Paper Towel “Stuffing” Saga 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
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
Sep
1
2013
Owner of Compilation Need Not List Individual Authors to Register Copyright McDermott Will & Emery
Oct
11
2013
Federal Court Rules Maryland Scheme to Promote Investment in In-State Generation Unconstitutional McDermott Will & Emery
Dec
16
2013
The United Kingdom Information Commissioner’s Office (UK ICO) Vision for the Future McDermott Will & Emery
Jul
7
2015
Fourth Circuit Upholds Judgment of Over $237 Million against Tuomey Healthcare System McDermott Will & Emery
 

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