Posts filtered by tags: Fourth Circuit[x]


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

Free speech roundup

Fourth Circuit rejects gag order on parties and potential witnesses in North Carolina hog farm litigation [Eugene Volokh] Eighth Circuit, interpreting Missouri law’s obligation to register as “lobbyist,” leaves open possibility that requirement extends to unpaid lobbyists, also known as concerned citizens [Jason Hancock, Kansas City Star; Institute for Free Speech on ] “9 Months in Prison for Forging Court Orders Aimed at Vanishing Online Material” [Volokh] Per one account at least 75 fa...
Tags: Google, Law, Uncategorized, Newspapers, Canada, Comcast, Missouri, UK supreme court, North Carolina, Free Speech, First Amendment, Lobbyists, Fourth Circuit, Eugene Volokh, Eighth Circuit, Ilya Somin

United States: Snooping Employee Dooms Her Title VII Claims By Unauthorized Disclosure Of Personnel Files (US) - Squire Patton Boggs LLP

On November 15, 2018, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit unanimously held in Netter v. Barnes that an employee did not engage in "opposition or participation"
Tags: News, United States, Fourth Circuit, Barnes, U S Court of Appeals, Netter, Personnel Files US Squire Patton Boggs LLP

Morning Docket: 11.16.18

* After delaying the decision, Judge Tim Kelly will be releasing his ruling in CNN's First Amendment case at 10 a.m. Is it lawful to revoke a reporter's press pass after an argument with the president? We'll soon find out. [USA Today] * "[W]e’re not going to leave any judges behind over these next two months." According to Senator Tom Cotton, the Senate is apparently planning to work through Christmas and New Year's Eve to confirm all of President Trump's judicial nominees in an effort to head ...
Tags: Law, Government, Senate, Cnn, Domestic Violence, Federal Judges, Donald Trump, First Amendment, David Boies, New York Magazine, Biglaw, Trump, Stormy Daniels, Fourth Circuit, Tom Cotton, Washington Times

Friday round-up

For The Baltimore Sun, Michael Dresser reports that “Maryland Attorney General Brian Frosh announced Thursday that he is appealing a federal ruling that threw out the state’s congressional map for the 6th District after determining that Democratic officials unconstitutionally drew the boundary to diminish Republican influence.” Jess Bravin reports for that “[m]ost gerrymandering lawsuits have invoked the 14th Amendment’s equal-protection guarantee, contending that lawmakers violated their duty...
Tags: Maryland, Supreme Court, Law, Washington Post, Virginia, Warren, Louisiana, Round-up, Elizabeth, Fourth Circuit, House of Delegates, Jess Bravin, Kenneth Jost, Jost, Michael Murphy, Graham Moomaw

Neomi Rao: First Parsi Judge Nominated on the D.C. Circuit Court in the United States.

Neomi Rao, Trump’s Deregulatory Leader, Gets DC Circuit Nod to Replace Kavanaugh Neomi Rao, who has led the Trump administration’s push to curtail agency regulations, would succeed Brett Kavanaugh on the D.C. Circuit, whose docket is teeming with administrative disputes. White House regulatory czar Neomi Rao will be nominated to fill the vacancy left by Justice Brett Kavanaugh on the U.S. Court of Appeals for the D.C. Circuit, President Donald Trump said Tuesday. Rao, confirmed in 2017 to le...
Tags: News, Life, Senate, White House, United States, Donald Trump, George W Bush, Chevron, American Bar Association, Diwali, Trump, Fourth Circuit, George Mason University, D C Circuit, U S Court of Appeals, Clarence Thomas

Reciprocal Reprimand Vacated

The United States Court of Appeals for the Fourth Circuit vacated a reciprocal reprimand imposed as a result of an action of the Maryland Court of Appeals Appellant, Allen Ray Dyer, an attorney licensed to practice law in Maryland, was... [Author: Legal Profession Prof]
Tags: Maryland, Law, Fourth Circuit, Maryland Court of Appeals, United States Court of Appeals, Legal Profession Prof, Bar Discipline & Process, Appellant Allen Ray Dyer

November 7 roundup

Notwithstanding one-person-one-vote, some House districts do have unusually high or low populations. Main reasons: 1) Small states get rounded up or down; 2) demographics change in existing districts over 10-year Census cycle especially where new housing is being built [Hristina Byrnes, 24/7 Wall Street, I’m quoted] “‘Outrageously excessive’ requests for attorney fees can be altogether denied, 3rd Circuit says” [ABA Journal] Prenda copyright troll Paul Hansmeier, who also did mass ADA fili...
Tags: Law, Uncategorized, Transgender, House, Department Of Justice, Ada, ABA Journal, Fourth Circuit, Cato, FAIRFAX Va, Paul Hansmeier, 3rd Circuit, Redistricting Reform, Attorneys' Fees, Housing Discrimination, IJ Short Circuit

Handgun Qualification & Bump Stocks Maryland Shall Issue Legislative Update

Opinon Handgun Qualification & Bump Stocks Maryland Shall Issue Legislative Update Maryland – -( 1. Litigation Updates: The HQL Suit UpdateThat suit was filed to challenge the Handgun Qualification License requirement and State Police regulations that ban Maryland residents from purchasing a handgun unless they jump through all the training, fingerprinting and application hoops imposed by the so-called Firearms Safety Act of 2013. We challenged these requirements on multiple gro...
Tags: New York, Maryland, Guns, Supreme Court, Obama, California, Washington, Senate, Massachusetts, Dhs, United States, Hawaii, Washington Dc, New Jersey, Lawsuits, MSI

Morning Docket: 10.17.18

* President Donald Trump claims that Michael Cohen lied under oath when he testified that Trump told him to violate campaign finance laws and that the allegations are "totally false." Cohen's attorney, Lanny Davis, has some words Trump ought to be concerned about: "audio and tape." [USA Today] * "I can fire him whenever I want to fire him, but I haven’t said that I was going to." In other Trump-related news, the president has confirmed that Pat Cipollone will serve as his next White House couns...
Tags: Supreme Court, Law, White House, Williams, Associated Press, Donald Trump, Irs, Biglaw, Legal Ethics, Clinton, Trump, John Roberts, Cohen, Fourth Circuit, Michael Cohen, Foley & Lardner

“Court ruling revives fight by undocumented immigrants against mobile home park evictions in Va.”

“Court ruling revives fight by undocumented immigrants against mobile home park evictions in Va.” Antonio Olivo has this article in today’s edition of The Washington Post reporting on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Tags: Law, Uncategorized, The Washington Post, Fourth Circuit, U S Court of Appeals, Va Antonio Olivo

“President Donald J. Trump Announces Seventeenth Wave of Judicial Nominees”

“President Donald J. Trump Announces Seventeenth Wave of Judicial Nominees”: The White House issued this news release this afternoon, which includes two federal appellate court nominees — both women — one to the Fourth Circuit, the other to the Ninth Circuit.
Tags: Law, White House, Uncategorized, Fourth Circuit, Donald J Trump

United States: Fourth Circuit Holds Plaintiffs Who Allege Identity Theft Have Standing To Sue Post-Data Breach, But What Does It Mean For Certification? - Carlton Fields

The Fourth Circuit's 2017 decision in Beck v. McDonald held that the mere fear of identity theft in the wake of a data breach was insufficient to confer Article III standing.
Tags: News, Beck, United States, McDonald, Fourth Circuit, Carlton Fields, Fourth Circuit Holds Plaintiffs

South Carolina Supreme Court Asked Whether Attorney-Client Privilege Waived When Insurer Denies Bad Faith

    The Fourth Circuit certified the following question to the South Carolina Supreme Court: Does South Carolina law support application of the "at issue" exception to the attorney-client privilege such that a party may waive the privilege by denying liability in its answer?  In Re: Mt. Hawley Ins. Co. , 2018 U.S. App. LEXIS 17910 (4th Cir. June 28, 2018).     Mt. Hawley insured Contravest Construction Company under an excess commercial liability policy from July 21, 2003 to July 21, 2007. Durin...
Tags: Insurance, Discovery, South Carolina, Fed, Myrtle Beach, Fourth Circuit, Hawley, South Carolina Supreme Court, Comprehensive General Liability, Duty to Defend, Tred Eyerly, Duty to Indemnify, Owners Association, Contravest Construction Company, Contravest, Mt Hawley

United States: Fourth Circuit Finds Former Employee Established Prima Facie Case Of Retaliation - Seyfarth Shaw LLP

Seyfarth Synopsis: The Fourth Circuit revived the retaliation case of a former city employee who was terminated one day after expressing an intent to file a formal grievance against her superviso
Tags: News, United States, Fourth Circuit, Seyfarth