Posts filtered by tags: 4th Circuit[x]


 

Opinion analysis: Court holds that “generic.com” marks may be registered trademarks or service marks when consumers do not perceive them as generic

When the digital travel company Booking.com sought to register its domain name as a service mark for hotel reservation services, the U.S. Patent and Trademark office denied registration under a longstanding policy that the combination of a generic term for goods and services with the “.com” suffix did not create a protectable trademark. Booking.com sought review of the PTO’s decision in federal district court, and introduced survey evidence supporting an inference that 74 percent of consumers re...
Tags: Featured, Supreme Court, Law, Ruth Bader Ginsburg, Sonia Sotomayor, Ginsburg, PTO, U S Court of Appeals, U S Patent and Trademark Office, Sotomayor, Stephen Breyer, Breyer, 4th Circuit, Merits Cases, U S Patent and Trademark


Opinion analysis: Appalachian Trail no barrier for major gas pipeline

In one of the major environmental cases of the term, the Supreme Court ruled 7-2 this week that the U.S. Forest Service could permit the Atlantic Coast Pipeline to cross underneath the Appalachian Trail in Virginia’s George Washington National Forest. The ruling in the consolidated cases U.S. Forest Service v. Cowpasture River Preservation Association and Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association lifts one major obstacle to the 600-mile pipeline, which could carry ...
Tags: Featured, Supreme Court, Law, Congress, Virginia, West Virginia, Circuit, North Carolina, Ruth Bader Ginsburg, East Coast, Forest Service, Duke Energy, Trail, National Park Service, Midwest, Thomas


Petitions of the week

This week we highlight petitions pending before the Supreme Court that ask the court to decide, among other things, whether a police officer can access “semiprivate” areas within a home’s curtilage to conduct an investigation without a warrant, whether the U.S. Court of Appeals for the 9th Circuit erred when it granted habeas relief based on a de novo finding that a Sixth Amendment violation had occurred, and whether the U.S. Court of Appeals for the 4th Circuit misapplied Supreme Court preceden...
Tags: New York, Supreme Court, Law, Vermont, Thomas, United Parcel Service Inc, 9th Circuit, Barnes, Brecht, U S Court of Appeals, Abrahamson, Tompkins, United Parcel Service, Retzlaff, Shinn, 4th Circuit


United States: Punitives Are Meant To Punish: So What Happens When Management Watches & Ignores Complaints Of Female-on-Male Sexual Harassment? - Seyfarth Shaw LLP

The 4th Circuit rejected a punitive damages award won by a male AutoZone worker who accused the Company of blatantly ignoring complaints of sexual harassment by his female co-worker...
Tags: News, United States, AutoZone, 4th Circuit, Seyfarth Shaw LLP


READ: 4th Circuit appeals court ruling in emoluments case against Trump

A federal appeals court rejected President Donald Trump's attempt to throw out an emoluments lawsuit against him from DC and Maryland related to his ownership of the Trump International Hotel in Washington.
Tags: Maryland, Cnn, Donald Trump, Trump, Trump International Hotel, 4th Circuit


U.S. appeals court rejects Trump's attempt to escape 'emoluments' lawsuit over D.C. Trump Hotel

Bad legal news for Orange President Kleptocrat today. He's gonna be in a mood. A U.S. appeals court on Thursday rejected impeached president Donald Trump’s attempts to kill a lawsuit that claims his ownership of a hotel in Washington violates the anti-corruption part of the U.S. Constitution known as the “Emoluments Clauses.” Reuters: The decision by the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals was a victory for the Democratic attorneys general in Maryland and the District...
Tags: Post, Corruption, Politics, News, Justice, Maryland, Washington, Dc, District Of Columbia, Donald Trump, Trump, Reuters, Fourth Circuit, Richmond Virginia, Trump International Hotel, 4th U S Circuit Court of Appeals


Argument preview: Justices take on First Amendment challenge to robocall law

Next week, in Barr v. American Association of Political Consultants, the Supreme Court will hear oral argument on whether the federal law prohibiting robocalls to cellphones violates the First Amendment’s free speech clause. The case could have a significant impact on political advertising in the run-up to the 2020 election. It could also have ripple effects well beyond robocalls, including on the constitutional rules surrounding commercial advertising and the proper remedy for laws found uncons...
Tags: Featured, Supreme Court, Law, Congress, White House, Federal Communications Commission, Town, Reed, TCPA, Barr, 4th Circuit, Merits Cases, The U S Court of Appeals, Leslie Kendrick, Gilbert Reed


Courtroom access: Laboratories for live-streaming?

Editor’s note: On April 13, the Supreme Court announced that it would conduct 10 oral arguments via telephone conference on several days in May in cases whose oral argument dates had been postponed due to the COVID-19 pandemic, and that it would make an audio feed available to the public through a media pool, providing real-time audio of oral arguments for the first time in its history. On March 4, the Supreme Court heard oral argument in June Medical Services v. Russo, a challenge to a Louisian...
Tags: New York, Texas, Featured, Supreme Court, Law, Georgia, New Hampshire, Michigan, Louisiana, District Of Columbia, Donald Trump, Barry Anderson, Minnesota Supreme Court, 9th Circuit, Michigan Supreme Court, Howe


Argument preview: Is “Booking.com” generic for online hotel reservation services?

Editor’s note: This post was originally published on March 16, 2020. U.S. Patent and Trademark Office v. Booking.com raises the question whether a business can create a registrable trademark by combining an unprotectable generic term with a generic top-level domain name like “.com.” Trademarks and service marks are words or symbols that communicate the source of goods and services. The Lanham Trademark Protection Act provides rules for registering trademarks and for protecting both registe...
Tags: Featured, Supreme Court, Law, 9th Circuit, PTO, U S Court of Appeals, Goodyear, Trademark Office, U S Patent and Trademark Office, 4th Circuit, Merits Cases, Goodyear s India Rubber Glove, Goodyear Rubber Co, U S Courts of Appeals for the Federal Circuit, Booking Inc


Relist Watch: Life during wartime

John Elwood briefly reviews Monday’s relists. I realized the quarantine had been dragging on a long time when a car passed me on the street and I saw that the new Virginia license plate motto is, “Wow. It’s been a long week .” Henceforth, it is also the official motto of Relist Watch. With so much going on in the world right now, the relists are having a hard time keeping up. The justices gave just one of last week’s relists the nod, and unsurprisingly, it was the one in which the gove...
Tags: Texas, Featured, Law, California, Washington, Virginia, United States, Davis, King, South Carolina, Department Of Education, James King, Robinson, EEOC, Equal Employment Opportunity Commission, Cannon


Justices grant one new petition

This morning the Supreme Court continued its virtual operations, releasing orders from the justices’ private conference last week. Following the Centers for Disease Control and Prevention’s guidelines for COVID-19, and in a departure from tradition, only Chief Justice John Roberts was in the justices’ conference room again last week, with the rest of the justices participating remotely by telephone. The justices added only one new case to their merits docket for next term. They did not act on t...
Tags: Featured, Supreme Court, Law, California, Oregon, Fbi, United States, Michigan, Johnson, King, South Carolina, James King, Sonia Sotomayor, John Roberts, Patrick, Howe


Argument preview: Is “Booking.com” generic for online hotel reservation services?

U.S. Patent and Trademark Office v. Booking.com raises the question whether a business can create a registrable trademark by combining an unprotectable generic term with a generic top-level domain name like “.com.” Trademarks and service marks are words or symbols that communicate the source of goods and services. The Lanham Trademark Protection Act provides rules for registering trademarks and for protecting both registered and unregistered marks. The law bars trademark protection for gener...
Tags: Featured, Supreme Court, Law, 9th Circuit, PTO, U S Court of Appeals, Goodyear, Trademark Office, U S Patent and Trademark Office, 4th Circuit, Merits Cases, Goodyear s India Rubber Glove, Goodyear Rubber Co, U S Courts of Appeals for the Federal Circuit, Booking Inc


Holding oral arguments during the coronavirus pandemic (Updated)

Like other government institutions, the Supreme Court is figuring out how to function during the coronavirus pandemic. So far, it has continued its normal business, while closing the Supreme Court building to public visitors. It hasn’t yet needed to do more, because the justices held their last public session on March 9, and aren’t scheduled to take the bench again until the March argument session begins on March 23. Here is how the court would ordinarily conduct its public session on Monday, Ma...
Tags: Featured, Supreme Court, Law, Washington, Senate, House, Library Of Congress, Capitol, 9th Circuit, D C Circuit, U S Court of Appeals, 4th Circuit, Everything Else, Matthew Gilmore


Relist Watch (Updated)

John Elwood briefly reviews Monday’s relists. Editor’s note: This post has been updated with a discussion and note of two additional new relists: Avery v. United States, 19-633, and Kelly v. White, 19-264. For the second week running, the Supremes cleared out a metric ton of relists. Because we love success stories, in discussing last week’s relists, we of course start with the grants: two cases involving the Affordable Care Act (again!), one Freedom of Information Act case (again!), and the cas...
Tags: Texas, Featured, Mississippi, Law, Washington, Alabama, Indiana, United States, Davis, Oklahoma, Johnson, Avery, White, Jones, Miller, Supremes


Relist Watch

John Elwood briefly reviews Monday’s relists. For the second week running, the Supremes cleared out a metric ton of relists. Because we love success stories, in discussing last week’s relists, we of course start with the grants: two cases involving the Affordable Care Act (again!), one Freedom of Information Act case (again!), and the case that won the lottery to replace Walker v. United States, which was dismissed earlier this year after the petitioner died. A slew of other cases are being held...
Tags: Texas, Featured, Mississippi, Law, Washington, Alabama, Indiana, United States, Davis, Oklahoma, Johnson, White, Jones, Miller, Supremes, Kelly


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether Congress’ omission of a mens rea for the offense of sexual assault by bodily harm means mere negligence as to the lack of consent suffices; whether the “self-executing” just compensation clause abrogates a state’s 11th Amendment immunity, allowing a property owner to sue the state for a taking of property; and whether, in civil forfeiture lawsuits, when a district court has ordered the Uni...
Tags: Texas, Supreme Court, Law, Congress, California, Office, United States, Tennessee, Avery, Nassau County, Orlando, Scott, HARRIS, McDonald, Miami Florida, U S Court of Appeals


Argument analysis: The trail, the pipeline and a journey to the center of the earth

Environmental groups faced a skeptical bench during Monday’s argument in two consolidated cases, U.S. Forest Service v. Cowpasture River Preservation Association and Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association, as they fought to preserve a 2018 decision from the U.S. Court of Appeals for the 4th Circuit that had halted an $8 billion, 600-mile natural gas pipeline. At the heart of the dispute is a 2017 permit granted by the U.S. Forest Service to allow the Atlantic Co...
Tags: Featured, Supreme Court, Law, Congress, Atlantic, Selma, Forest Service, Paul Clement, National Park Service, Sonia Sotomayor, Antonin Scalia, U S Forest Service, Interior, Yang, YOSEMITE NATIONAL PARK, Roberts


Argument preview: Justices to consider whether the Appalachian Trail blocks proposed natural gas pipeline

On Monday, February 24, the Supreme Court will hear argument in U.S. Forest Service v. Cowpasture River Preservation Association and Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association. These consolidated cases pit a pipeline developer and the U.S. Forest Service against environmental groups that want to halt the pipeline’s construction and protect the Appalachian Trail. The court will have to construe several statutes, including the Mineral Leasing Act, which promotes pipel...
Tags: Featured, Supreme Court, Law, Congress, Virginia, West Virginia, Georgia, Atlantic, United States, Maine, North Carolina, East Coast, Forest Service, Marcellus Shale, Duke Energy, National Park Service


OSHA/VOSH Roundup

Originally posted 2015-08-03 09:00:14. Image via Wikipedia In an unusual flurry of occupational safety related activity, the Virginia courts decided two cases in the last week relating to either the review of occupational safety regulations themselves or their enforcement. In (.pdf), the Virginia Court of Appeals considered what constitutes a “serious” violation of the exposure to asbestos Virginia Occupational Safety & Health (VOSH) regulations.  The facts found by the Salem, Virgini...
Tags: Law, Wikipedia, Virginia, Court, Construction, Circuit Court, Richmond VA, OSHA, 4th Circuit, 4th Circuit Court of Appeals, Construction Law, Occupational Safety, VOSH, Construction Attorney, Occupational Safety & Health Administration, Virginia Occupational Safety


Appeals Court Rules Democrats Do Not Have Standing to Sue Trump on Emoluments Clause

A federal appeals court on Friday threw out a lawsuit against President Trump brought by Democratic lawmakers, who accused Trump of profiting from foreign government officials' patronage of his businesses.The panel of three judges on the D.C. Circuit Court of Appeals ruled unanimously that the more than 200 Democratic senators and representatives did not have the standing to levy the lawsuit since they are not in the majority."Only an institution can assert an institutional injury," the judg...
Tags: New York, News, Congress, Virginia, Appeals Court, Trump, Democratic, 4th Circuit, 2nd Circuit, D C Circuit Court of Appeals, Sue Trump, Trump National Doral Miami Similar


Federal Appeals Court Dismisses Congressional Democrats’ Emoluments Lawsuit Against President Trump

(WASHINGTON) — A federal appeals court in Washington on Friday dismissed one of several ongoing lawsuits charging that President Donald Trump has illegally profited off the presidency. The lawsuit the court dismissed was filed by Democratic members of Congress in 2017. The court was not ruling on whether Trump violated the law. It just said that the approximately 200 members of Congress who brought the lawsuit lack the ability to sue. The lawsuit had charged that the president violated the ...
Tags: New York, News, Maryland, Congress, Washington, White House, Virginia, Uncategorized, House Of Representatives, Bill Clinton, Courts, Associated Press, District Of Columbia, Donald Trump, George W Bush, Trump


Trump’s Travel Ban Faces New Challenge in Federal Appeals Court

(RICHMOND, Va.) — After the U.S. Supreme Court upheld President Donald Trump’s ban on travelers from several predominantly Muslim countries in 2018, the ruling appeared to shut down legal challenges that claimed the policy was rooted in anti-Muslim bias. But a federal appeals court in Richmond is set to hear arguments from civil rights groups hoping to keep the challenges alive. The 4th U.S. Circuit Court of Appeals will hear arguments Tuesday in three lawsuits filed by U.S. citizens and pe...
Tags: News, Maryland, Supreme Court, North Korea, White House, Immigration, Court, Uncategorized, United States, Hawaii, Islam, Courts, Muslim, Yemen, Donald Trump, Justice Department


United States: To Disclose Or Not During ERISA Administrative Review — The Fourth Circuit Weighs In With An Affirmative Answer - Seyfarth Shaw LLP

A recent 4th Circuit decision reiterates the importance of aligning a plan fiduciary's administrative claim and appeal review process with the standards for a "full and fair review" under U.S. Department of Labor regulations.
Tags: News, United States, U S Department of Labor, 4th Circuit


English v. RKK. . . The Saga Continues

Remember back in 2018 when I thought I’d told you the end of the English Construction story regarding its various consultants, etc.?  I was wrong.  The matter went up on where the Appeals Court considered the summary judgment granted to the defendant Rummel, Klepper & Kahl (“RKK”) based upon what came down to a contributory negligence reading of the indemnity clause that was allowed to survive in the first district court opinion relating to these ambiguous contracts finding that English was ne...
Tags: Law, Virginia, Construction, Smith, Appeals Court, Contracts, Richmond, District Court, Richmond VA, 4th Circuit, 4th Circuit Court of Appeals, Indemnity, Construction Law, Business of Construction, Virginia Construction Lawyer, Virginia Construction Mediator


Government asks justices to expedite new petition on DACA

Late last year, the federal government asked the Supreme Court to wade into the dispute over the Trump administration’s September 2017 decision to end the program known as “Deferred Action for Childhood Arrivals” (DACA), which allows undocumented immigrants who were brought to the United States as children to apply for protection from deportation. The government filed three petitions asking the justices to review decisions by lower courts that blocked the government from terminating the DACA pro...
Tags: Featured, Maryland, Supreme Court, Law, United States, Department Of Homeland Security, Francisco, Trump, Howe, U S Court of Appeals, DACA, 4th Circuit, Cases in the Pipeline, Noel Francisco, William Barr, CASA de Maryland


Relist Watch

John Elwood reviews Monday’s relists. Congress is fighting with the executive branch to try to obtain information this week. But here at Relist Watch, we’re just giving the stuff away. A lot of throughput this week, as the Supreme Court disposed of five relists. Most puzzling is City of Newport Beach, California v. Vos, 18-672, which asked whether the Americans with Disabilities Act requires law-enforcement officers to provide accommodations to armed, violent and mentally ill suspects as they br...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Navy, Mexico, Kentucky, Oregon, Court, San Francisco, Indiana, Dhs, Afghanistan, United States, Wheeler


READ: 4th Circuit ruling on DACA

A federal appeals court ruled Friday that the Trump administration's decision to rescind a program protecting young undocumented immigrants who came to the United States as children from being deported violates federal law.
Tags: Cnn, United States, Trump, 4th Circuit


Relist Watch

John Elwood reviews Monday’s relists. The world’s a mess: Tension in the Persian Gulf; turmoil in global trade; persistent conflict. The way things are going, many people can’t even seek comfort in simple escapism. But amid all the conflict and strife, you can at least take comfort in the familiar ritual of opening a new week’s installment of Relist Watch and saying those familiar words uttered by legions of readers since our second installment: “It’s not funny anymore.” Last week’s relists yiel...
Tags: Florida, Featured, Maryland, Supreme Court, Law, Congress, Planned Parenthood, Kentucky, Oregon, Iraq, Court, Alabama, Indiana, Dhs, Afghanistan, United States


Relist Watch

John Elwood reviews Monday’s relists. With nothing happening in the news, I feel like there’s not much to work with for the traditional flimsy topical introduction. So let’s just get started. Only two new relists this week. Both Myers v. United States, 18-6859, and Santos v. United States, 18-7096, involve fairly arcane issues about what crimes qualify as predicate offenses under the much-litigated Armed Career Criminal Act – specifically, whether certain state crimes are “divisible,” meaning th...
Tags: Florida, Featured, Maryland, Supreme Court, Law, Oregon, Court, Indiana, Dhs, United States, Davis, Nielsen, Johnson, Illinois, Smith, Naacp


Reschedule Watch Returns

John Elwood reviews Monday’s relists. A lot of movement on the relist front this week. Most noteworthy of all, the Supreme Court granted the long–simmering trio of cases involving whether Title VII of the Civil Rights Act of 1964 applies to discrimination on the basis of sexual orientation or discrimination on the basis of gender identity. At 10 relists each, the cases were well past the usual “sell by date” at which it’s more likely that the cases will be the subject of a summary reversal or a ...
Tags: Featured, Maryland, Supreme Court, Law, Oregon, Indiana, Dhs, United States, Philadelphia, Nielsen, Illinois, Smith, Naacp, Department Of Homeland Security, DOE, University Of California