Posts filtered by tags: Fourth Circuit[x]


United States: Teachable Moment On Equal Pay Act And Title VII As Fourth Circuit Rejects Claim That Professors Perform "Equal" Or "Similar" Work - Orrick

The Fourth Circuit recently issued a decision discussing whether a university professor established pay-related claims under the Equal Pay Act and Title VII.
Tags: News, United States, Fourth Circuit

May 9 roundup

Next sector for a boom in IP litigation: trade secrets? [Ike Brannon] Creating split among federal appeals courts, Seventh Circuit rules auto-erotic asphyxiation falls under insurance policy exclusion for “self-inflicted injury.” [Volokh; Tran v. Minnesota Life Insurance Company] In its commentary, the Institute for Justice is willing to go there: “Will the Supreme Court resolve the split? Don’t hold your breath.” “The county has assigned at least four prosecutors to handle the Bellevue cat ...
Tags: Supreme Court, Law, Animals, Uncategorized, Transgender, Bellevue, Antitrust, Intellectual Property, Seattle, Fourth Circuit, Institute for Justice, Tran, Seventh Circuit, King County Washington, Ilya Shapiro, Volokh

Boeing's CEO is beefing up his legal team as it braces for 737 Max crash lawsuits (BA)

Boeing CEO Dennis Muilenburg is getting a dedicated legal advisor. Boeing has promoted general counsel and former federal judge J. Michael Luttig to the newly-created role of counselor and senior advisor to Muilenburg on Wednesday.  Luttig will be responsible for managing the legal issues stemming from the two fatal Boeing 737 Max crashes in Indonesia and Ethiopia. Visit Business Insider's homepage for more stories. Boeing CEO Dennis Muilenburg is getting a dedicated legal advisor. The Chicag...
Tags: Facebook, Indonesia, US, Trends, Chicago, Ethiopia, Boeing, George W Bush, US supreme court, Addis Ababa, Ethiopian Airlines, Fourth Circuit, Lion Air, Jakarta Indonesia, US Court of Appeals, Dennis Muilenburg

United States: Important BOOKING.COM Decision – Trademark Lawyers Take Note - Klein Moynihan Turco LLP

In February 2019, the US Court of Appeals for the Fourth Circuit affirmed the district court's summary judgment ruling that found that BOOKING.COM was not generic, but a descriptive mark with acquired distinctiveness.
Tags: News, United States, Fourth Circuit, US Court of Appeals, Klein Moynihan Turco LLP

Non Sequiturs: 04.28.19

* Adam Feldman poses -- and answers -- an interesting question: are particular justices more or less partial to certain lawyers' or law firms' positions? [Empirical SCOTUS] * Speaking of the federal judiciary, Carrie Severino offers this helpful scorecard of President Donald Trump's track record on judicial appointments -- which underscores, as she notes, the importance of the 2020 elections. [Bench Memos / National Review] * And speaking of President Trump, Joshua Matz and Laurence Tribe have...
Tags: Supreme Court, Law, Scotus, Copyright, Fair Use, Donald Trump, Copyright Law, Fourth Circuit, Institute for Justice, Adam Feldman, Laurence Tribe, Westlaw, Brammer, Bryan Cave, Ilya Somin, Non-Sequiturs

U.S. Appeals Court rules you CAN’T just take images off the web and reuse them under “Fair Use”

A controversial court ruling in July 2018 that said it was ok to just take photos from the web and reuse them has been overturned by the U.S. Court of Appeals for the Fourth Circuit. The previous ruling said that Violent Hues Productions use of photographer Russel Brammer’s image fell under “Fair Use” and that […] The post U.S. Appeals Court rules you CAN’T just take images off the web and reuse them under “Fair Use” appeared first on DIY Photography.
Tags: Photography, News, Theft, Virginia, Copyright, Fourth Circuit, U S Court of Appeals, U S Appeals Court, Russell Brammer, Violent Hues, Violent Hues Productions, Russel Brammer

Another Government Impermissibly Censors Constituents on Facebook–Robinson v. Hunt County

This lawsuit alleges censorship by the administrators of the Hunt County Sheriff’s Office Facebook page. The Facebook page invited “input and POSITIVE comments regarding the Hunt County Sheriff’s Office.” The page was intended to discuss “matters of public interest,” but it claimed it was “NOT a public forum.” At one point, the account posted the following: We find it suspicious that the day after a North Texas Police Officer is murdered we have received several anti police calls in the office a...
Tags: Facebook, Texas, Law, Kentucky, Court, US, Social Media, Randall, Trump, Morgan, Tam, Robinson, Fourth Circuit, Eric, Bevin, Loudoun County

Fourth Circuit panel rejects claim that Virginia Parole Board must consider age-related characteristics for juve lifer

A helpful reader alerted me to an interesting new Fourth Circuit panel ruling handed down yesterday in Bowling v. Director, Virginia Dep't of Corrections, No. 18-6170 (4th Cir. April 2, 2019) (available here).  The start of the Bowling opinion provide a flavor for the constitutional arguments framed by the defendant which did not strike a chord with the panel: This appeal arises from the Virginia Parole Board’s (“the Parole Board”) repeated denial of parole to Thomas Franklin Bowling (“Appellan...
Tags: Supreme Court, Law, Parole Board, Bowling, Miller, Fourth Circuit, Appellant, Appellee, Douglas A Berman, Roper Graham, Virginia Department of Corrections, Virginia Parole Board, Director Virginia Dep, Thomas Franklin Bowling

Some Thoughts on Last Week's Fourth Circuit Argument in MD/DC v. Trump

Last week, the U.S. Court of Appeals for the Fourth Circuit heard arguments in connection with President Trump’s petition for mandamus in the emoluments lawsuit brought against him by Maryland and the District of Columbia.   Although the hearing did not go particularly well for Maryland/DC, many of the concerns raised by the court are not troubling and can be easily addressed. M uch of the conversation focused on what injunctive relief the plaintiffs seek. In my view, the best answe...
Tags: Maryland, Supreme Court, Congress, Virginia, US, Georgia, United States, Ronald Reagan, Washington Dc, Dc, Jfk, Times, District Of Columbia, James Wilson, Branding, Trump

Morning Docket: 03.06.19

* Happy birthday, Your Honor! More than a thousand of Ruth Bader Ginsburg's fans signed up to plank on the steps of the Supreme Court for her 86th birthday on March 15. Do you love the RBG enough to plank for justice? [Washingtonian] * Allison Jones Rushing, a Williams & Connolly litigation partner, was confirmed to the Fourth Circuit in a vote of 53-43. Rushing is now one of the youngest federal appeals judges to be appointed by President Trump. [National Law Journal] * According to a new pol...
Tags: Supreme Court, Law, Congress, California, Kanye West, Student Loans, Donald Trump, Ruth Bader Ginsburg, Law Schools, American Bar Association, Cnbc, Trump, Insider Trading, Cohen, Fourth Circuit, Michael Cohen

Supreme Court will make historic Clean Water Act ruling

This Fall, the Supreme Court will make a monumental decision on whether the Clean Water Act prohibits groundwater pollution. The upcoming case is in response to a 2018 verdict in Hawaii, which ruled that a wastewater facility needed a Clean Water Act permit to inject treated wastewater into ground wells. The ruling will have national implications about what constitutes direct water pollution with two possible and controversial outcomes: either creating a massive loophole for major polluters or ...
Tags: Usa, Design, Sixth Circuit, Supreme Court, Kentucky, Environment, Court, Policy, Pollution, Hawaii, Earth Justice, Justice Department, South Carolina, Water Pollution, County, Maui

United States: FCA Jurors Favor The Resolute (And The Fourth Circuit Agrees) - Arnold & Porter

Last month the Fourth Circuit affirmed a hard-fought victory for a False Claims Act defendant in a decision that (presumably)
Tags: News, United States, Fca, Porter, Fourth Circuit, Fourth Circuit Agrees Arnold

United States: E.D. Va. Dismisses Bayer's Section 43(a) Claims But Affirms TTAB's Cancellation Of Belmora's FLANAX Registration - Wolf, Greenfield & Sacks, P.C.

When we last visited (here) the long-running Bayer versus Belmora battle over the mark FLANAX, the U.S. Court of Appeals for the Fourth Circuit had reversed and remanded the case to the U.S. District
Tags: News, United States, Bayer, Fourth Circuit, Belmora, Wolf Greenfield, FLANAX the U S Court of Appeals

Chapter And Verse

The United States Court of Appeals for the Fourth Circuit affirmed dismissal of an action as an appropriate litigation sanction. Mitra Rangarajan, who claims that she was constructively discharged as a nurse practitioner at the School of Medicine of Johns... [Author: Legal Profession Prof]
Tags: Law, Fourth Circuit, United States Court of Appeals, Legal Profession Prof, Mitra Rangarajan, School of Medicine of Johns

Monday round-up

Amy Howe covers last week’s Supreme Court news, including action “in cases asking the justices to intervene in cases involving the death penalty and abortion,” in a podcast at Howe on the Court. At First Mondays (podcast), Howe joins the hosts to expand on those topics. At The Daily Signal, Elizabeth Slattery observes that after last Thursday’s order in in June Medical Services v. Gee, in which a divided court blocked a Louisiana law that would require abortion providers to have admitting privil...
Tags: Supreme Court, Law, Alabama, America, Bloomberg, Federal Communications Commission, Louisiana, Economist, ABA Journal, Round-up, John Roberts, Fourth Circuit, Robert Barnes, Roberts, Howe, Adam Liptak

Friday round-up

Last night the Supreme Court, by a vote of 5-4, with Chief Justice John Roberts joining the more liberal justices, blocked a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals from going into effect pending appeal. Amy Howe has this blog’s coverage, which first appeared at Howe on the Court. For , Brent Kendall and Jess Bravin report that “[b]y staying the effect of the lower-court ruling, the justices likely committed themselves to giving a ful...
Tags: Supreme Court, Law, Court, Alabama, New York Times, Federal Communications Commission, Louisiana, Round-up, John Roberts, Fourth Circuit, Roberts, Howe, Adam Liptak, Jess Bravin, Brent Kendall, Michael Dorf

United States: Fourth Circuit Ruling Provides Cautionary Tale For Employers Managing Internal Harassment Complaints And Investigations - Seyfarth Shaw LLP

Seyfarth Synopsis: The Fourth Circuit recently found that reducing a current employee's voluntary overtime opportunities – despite the absence of a reduction in overall income – could be considered
Tags: News, United States, Seyfarth Shaw, Fourth Circuit, Seyfarth, Fourth Circuit Ruling

United States: Fourth Circuit Ruling Provides Cautionary Tale For Employer's Managing Internal Harassment Complaints And Investigations - Seyfarth Shaw LLP

The Fourth Circuit recently found that reducing a current employee's voluntary overtime opportunities.
Tags: News, United States, Seyfarth Shaw, Fourth Circuit, Fourth Circuit Ruling

Trump Asks Appeals Court To Consider How Great His Hotels Are

Facing a lawsuit claiming that he is violating the Constitution’s emoluments clause by remaining financially linked to his Washington, D.C., hotel, President Trump argued last week that there are many reasons why foreign governments and lobbyists would want to stay at his hotel. Trump’s lawyers wrote in a brief filed in the Fourth Circuit Court of Appeals that there’s no way to prove that a foreign official looking to curry favor with the White House would stay at a Trump Organization hotel o...
Tags: News, Maryland, Obama, Washington, White House, Doj, Trump, Fourth Circuit, Mount Vernon, Trump Organization, Fourth Circuit Court of Appeals, Fourth Circuit Court, Old Post Office, England Portugal, Muckraker, Trump Swamp

United States: Supreme Court Argument On Third-Party Counterclaim Defendant Removal - Shearman & Sterling LLP

On January 15, 2019, the Supreme Court heard argument on an appeal from a unanimous decision of the U.S. Court of Appeals for the Fourth Circuit holding that a third-party defendant against whom class action counter-claims
Tags: News, Supreme Court, United States, Fourth Circuit, U S Court of Appeals, Sterling LLP, Supreme Court Argument On Third Party

En banc Fourth Circuit, splitting 8-7, finds key clause of § 924(c) mandatory-minimum statute unconstitutionally vague

A helpful reader made sure I did not miss the Fourth Circuit delivery today of over 100 pages of debate over vagueness challenges to the application of “crime of violence” as set forth in 18 U.S.C. § 924(c)(3)(B) in the form of an en banc ruling in US v. Simms, No. 15-4640 (4th Cir. Jan. 24, 2019) (available here). Here is the start of the majority opinion: Joseph Decore Simms was convicted of brandishing a firearm in connection with a “crime of violence,” as defined in 18 U.S.C. § 924(c)(3)(B)...
Tags: Law, US, Davis, Fourth Circuit, Wilkinson, Eleventh Circuit, Simms, Douglas A Berman, Joseph Decore Simms

Blocking Constituents from Facebook Page Violates First Amendment–Davison v. Randall

The Chair of Loudoun County Board of Supervisors blocked a constituent on her official Facebook page. While the block was temporary, Davison, the constituent, filed a lawsuit, and prevailed after a bench trial. The Fourth Circuit affirms the main points. The court first says Davison has standing to pursue his claims. He was subject to past enforcement, and the Chair has not “disavowed” future enforcement. The Chair also challenged whether she had acted under color of law in administering the Ch...
Tags: Facebook, Supreme Court, Law, Kentucky, Virginia, Social Media, Randall, Knight Foundation, Trump, Board, Morgan, McIntyre, Fourth Circuit, Eric, Rossignol, Bevin

Anti Trust

The United States Court of Appeals for the Fourth Circuit affirmed the district court in a law firm dispute The dispute here is between two firms that represented plaintiffs in a large antitrust class action. The appellant, Criden & Love,... [Author: Legal Profession Prof]
Tags: Law, Economics, Billable Hours, Fourth Circuit, United States Court of Appeals, Legal Profession Prof

Fourth Circuit affirms officer Michael Slager "conviction" (by a judge at sentencing) of murdering Walter Scott

I noted in posts here and here back in December 2017 that, after the high-profile shooting and then state and federal prosecutions of former South Carolina police officer Michael Slager for killing Walter Scott, the real action in his case became a federal sentencing "trial" after Slager pleaded guilty to a federal civil rights offense.  This "trial" was really a judicial inquisition in which a federal sentencing judge took testimony at a sentencing hearing in order to decide whether Slager's cr...
Tags: Law, US, United States, South Carolina, Walter Scott, Michael Slager, Scott, Fourth Circuit, Easley, Santana, Slager, Cromartie, North Charleston Police Department, Douglas A Berman

Pillow Talk

The United State Court of Appeals for the Fourth Circuit remanded a civil claim brought by a whistleblower who was terminated for reporting police misconduct, albeit to his spouse, who worked for a television station In the early morning hours... [Author: Legal Profession Prof]
Tags: Law, Current Affairs, Fourth Circuit, Legal Profession Prof, United State Court of Appeals

MySpace Sued for Facilitating Offline Sexual Assaults [Repost from Concurring Opinions’ Archive]

[In 2007, I guest-blogged at the group law professor blog Concurring Opinions. With the demise of that blog, I am now archiving my guest posts on my own blog. This post first appeared on January 18, 2007.] AP reports that four families have sued MySpace because their daughters were sexually assaulted (offline) by other MySpace members. This isn’t the first time MySpace has been sued on this front; last year, MySpace was sued in Texas state court for the same issue in Doe v. MySpace. These lawsui...
Tags: Texas, Law, Congress, Virginia, Ap, Aol, DOE, Myspace, Usc, Fourth Circuit, McCain, Barnes, Bates, Yahoo Inc, Sen McCain, America Online

Appeals court agrees to take up Trump hotel case

WASHINGTON (AP) — A Richmond, Virginia, appeals court has agreed to take up a case accusing Donald Trump of profiting off the presidency in violation of the U.S. Constitution. The order issued Thursday by the U.S. Court of Appeals for the Fourth Circuit also presses pause on the ongoing district court case in Maryland, which […]
Tags: Business, News, Maryland, Washington, Ap, Nation, Donald Trump, Trump, Fourth Circuit, Richmond Virginia, U S Court of Appeals

Trump Demands Stop To Emoluments Case As State AGs Subpoena 38 Witnesses

President Trump’s Justice Department is scrambling to stop two state attorneys general from procuring evidence about whether the President is violating the Constitution’s emoluments clause by filing an emergency appeal in the Fourth Circuit court. Warning that attorneys general from Maryland and DC have sent 38 subpoenas to third parties, Justice Department attorneys argue that the court needs to halt the lawsuit at the district court level before documents from those subpoenas are returned by a...
Tags: News, Maryland, Obama, Washington, Barack Obama, Jamaica, Dc, Doj, Justice Department, Great Britain, Trump, George Washington, Thomas Jefferson, Fourth Circuit, Fourth Circuit Court of Appeals, England Portugal

Morning Docket: 12.17.18

* President Trump wants a court to step in to determine whether Saturday Night Live may continue to "defame & belittle" him, wondering if it could be "collusion." That's our Trumpy! [New York Daily News] * Aww, you thought you could build a natural gas pipeline across two national forests and the Appalachian Trail? Cute. The Fourth Circuit is so pissed that a three-judge panel quoted The Lorax in their opinion: "We trust the United States Forest Service to 'speak for the trees, for the trees ha...
Tags: New York, Celebrities, Law, Spain, Shakira, Ruth Bader Ginsburg, Tax Law, New York Daily News, Trump, Fourth Circuit, Nina Totenberg, United States Forest Service, Appalachian Trail, Morning Docket, Attorney Misconduct, Trumpy