U.S. – Attorney’s fee awards in Lanham Act cases: An “exceptional” outcome

In this recent decision , the Fourth Circuit Court of Appeals clarified the requisite showing for obtaining an award of attorney fees under the Lanham Act. Reversing a decision out of the Eastern District of Virginia, the Fourth Circuit held that a party seeking attorney fees need only prove that its case is "exceptional" by a preponderance of the evidence , and not by the more stringent clear and convincing standard applied by the district court .

Court revives lawsuit against Baltimore-based optometry board

A federal appeals court has revived a lawsuit brought by optometrist applicants who claim a data breach at the industry's Baltimore-based examining board resulted in disclosure of their personal information to computer hackers who applied for credit cards in their names. In its published 3-0 decision, the 4th U.S. Circuit Court of Appeals said U.S. District ... Complete access to news articles on this website is available to Daily Record subscribers who are logged in.

GOP lawmakers back voter ID amendment

Area Republican lawmakers say they support North Carolina having a constitutional amendment requiring photo identification in order to vote - a measure House Republicans have introduced less than two years after a federal court struck down a prior voter ID requirement as racially discriminatory. On Thursday, House Speaker Tim Moore, R-Cleveland, and GOP representatives introduced House Bill 1092, which would ask voters in November to vote on a constitutional amendment that "every person offering to vote in person shall present photo identification before voting in the manner prescribed by law."

Court Upholds Ruling Against California’s Assisted Suicide Law

An appeals court has let stand a lower court ruling overturning a California law that allows physicians to prescribe life-ending drugs to the terminally ill. California's Fourth District Court of Appeals on Wednesday refused to stay last week's decision by the Riverside County Superior Court, which ruled that state lawmakers should not have passed the law during a special session on health care funding.

Federal Appeals Court Blocks Police Lawsuit Against Baltimore State Attorney Marilyn J. Mosby

An appeals court has blocked a lawsuit that was brought against Baltimore's State attorney Marilyn J. Mosby by five Baltimore city police officers who claimed she prosecuted them with malicious intent following the death of Freddie Gray in 2015. Gray died from injuries he sustained while riding in a police van while unbuckled.

Appeals court blocks suit against Baltimore state’s attorney

A federal appeals court has blocked a lawsuit against the Baltimore state's attorney filed by officers who say she maliciously prosecuted them in the death of a black man who suffered a fatal spinal injury in custody. The 4th U.S. Circuit Court of Appeals on Monday reversed a ruling by a lower court judge who had allowed key parts of the lawsuit against Marilyn Mosby to go forward.

AP review: Judges split along party lines on travel ban

President Donald Trump has called courts unfair and political and repeatedly assailed the 9th Circuit, the U.S. court system's westernmost division, where some of his key immigration policies have stalled. Other observers describe America's judges as conservative or liberal, implying they bring an ideology to their decision-making that goes beyond a careful assessment of law and precedent.

Is Trump right about judges’ leanings? Maybe, review shows

President Donald Trump has called courts unfair and political and repeatedly assailed the 9th Circuit, the U.S. court system's westernmost division, where some of his key immigration policies have stalled. Other observers describe America's judges as conservative or liberal, implying they bring an ideology to their decision-making that goes beyond a careful assessment of law and precedent.

Brickstreet Mutual Insurance Company v. Zurich American Insurance Company

Don C.A. Parker, Spilman Thomas & Battle, PLLC, Charleston, West Virginia, Attorney for the Petitioner Philip J. Sbrolla, Jeffrey B. Brannon, Cipriani & Werner, PC, Wheeling, West Virginia, Attorneys for the Respondent Trevor K. Taylor, Taylor Law Office, Morgantown, West Virginia, Attorney for Amicus Curiae, American Insurance Association This Court is herein presented with three certified questions from the United States Court of Appeals for the Fourth Circuit.