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Category Archives: Fourth Circuit Court of Appeals
North Carolina voters are once again dealing with changes to how the state runs its elections. At a time when early voting is becoming increasingly popular nationwide, a new law passed by the Republican-controlled legislature will result in nearly 20 percent fewer places to cast votes before Election Day.
The Transco Pipeline cuts through the forests of Buckingham County and crosses Route 56 in the foreground. The Atlantic Coast Pipeline will pass through Buckingham and connect to this pipeline, and a compressor station will be built at the intersection.
The Mountain Valley Pipeline route heads down to a road crossing north of Fort Lewis Mountain just west of Salem, en route to its eventual crossing under the Roanoke River.
On September 24, 2018, the U.S. District Court for the Eastern District of Virginia denied defendants' motion to dismiss the Federal Energy Regulatory Commission's complaint in FERC v. Powhatan Energy Fund, LLC , an electricity market manipulation case.
Environmental groups have filed legal challenges to recent federal actions that cleared the way for construction to resume on the $6.5 billion Atlantic Coast Pipeline, asking the 4th Circuit Court of Appeals to intervene.
A serial killer on North Carolina's death row had no constitutional right under Simmons v. South Carolina to inform the sentencing jury that because he was already ineligible for parole, he did not pose a continuing danger to society, the 4th U.S. Circuit Court of Appeals has ruled.
A panel of judges for the Fourth Circuit Court of Appeals granted the sentencing appeal in a rather controversial case. Lee Boyd Malvo, at the age of 17, participated in the murder of 10 random individuals in Virginia, Maryland and DC in 2002.
Brianna Morgan poses with her son Harlem at their home in Virginia. Morgan, a single mother, hasn't had a license in three years because she owes more than $400 in traffic fines and court costs from traffic violations and a disorderly conduct citation.
Petersburg Hustings Courthouse held a ceremony for a $2 million dollar remodeling, June 22, Petersburg, VA. The clock and columns of the 180-year-old building needed repairing after years of weather damage.
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 .
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.
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."
A school board in Virginia will continue to defend its transgender bathroom ban, arguing in court filings Friday that a federal appeals court should decide if it violated the rights of former student Gavin Grimm. The board's request follows a legal defeat last week in U.S. District Court in Norfolk.
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.
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.
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.
Nearly half a century after an explosion tore through the Farmington No. 9 mine in West Virginia, the families of the 78 men who died there are still looking for justice.
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.
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.
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.