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4th Circuit

Sep 22, 2023

High court might get transgender care cases

CHARLESTON, W.Va. — A federal appeals court is considering cases out of North Carolina and West Virginia that could have significant implications on whether individual states are required to cover health care for transgender people with government-sponsored insurance. The Richmond-based 4th U.S. Circuit Court of Appeals heard oral arguments in cases Thursday involving the coverage […]

Jun 12, 2023

Assault suit against TSA screener revived 

By Nick Hurston  The Federal Tort Claims Act, or FTCA, allows people who claim they were assaulted by Transportation Security Administration, or TSA, screeners to sue the federal government, the 4th U.S. Circuit Court of Appeals has held in an issue of first impression.  Joining with other U.S. Circuit Courts of Appeals, U.S. Circuit Judge […]

May 2, 2023

Fourth Circuit approves rules governing judicial complaints 

By Jason Boleman  The U.S. Court of Appeals for the Fourth Circuit announced new local rules for judicial conduct and judicial disability on April 13.  The new rules, effective May 31 “subject to revision in light of any comments received,” make clear how complainants can submit complaints against members of the judiciary as well as […]

May 1, 2023

Federal court reverses employee’s sex bias verdict 

By Nick Hurston  A district court clearly erred when it assumed that an inference of sex discrimination necessarily followed when an employee proved a prima facie case of disparate treatment and their employer’s explanation wasn’t credible, the 4th U.S. Circuit Court of Appeals has held.  While the district court was entitled to substantial deference, the […]

Apr 13, 2023

The ever-evolving Fourth Circuit

By Kevin S. Elliker  In April 1865, as Ulysses S. Grant and the Union army made their way into the Confederate capital of Richmond, fleeing rebel soldiers set fire to bridges and warehouses. That fire quickly spread out of control and torched huge swaths of Richmond’s downtown business district. After the dust settled, only two […]

Mar 30, 2023

4th Circuit upholds $730K award to Black Secret Service agent illegally detained in Md.

A federal appeals court Wednesday upheld a jury’s $730,000 award to a Black Secret Service agent unconstitutionally detained by two white U.S. Park Police officers during a traffic stop as he waited to accompany a Cabinet secretary’s motorcade in Maryland. The 4th U.S. Circuit Court of Appeals agreed that Gerald Ferreyra and Brian Phillips violated […]

Mar 27, 2023

New Fourth Circuit Clerk of Court named

Chief Judge Roger L. Gregory of the 4th U.S. Circuit Court of Appeals has announced the selection of new clerk of court. Chief Deputy Clerk Nwamaka C. Anowi, who has more than 15 years of administrative and management experience in public service, will take over as the next clerk of court on Sept. 1, when […]

Dec 12, 2022

TEST CASE: 4th Circuit reverses dismissal of ADEA, Title VII claims 

By Nick Hurston BTM Wire Services  A plaintiff who said a required physical fitness test was a discriminatory condition of her government employment and that she was injured by a loss of income when she resigned after failing it can pursue claims under the Age Discrimination in Employment Act and Title VII.  The 4th U.S. […]

Feb 1, 2022

4th Circuit recognizes ‘overtime gap time’ claim under FLSA 

An emergency medical services employee adequately alleged a violation of the Fair Labor Standards Act under the theory of “overtime gap time,” the 4th U.S. Circuit Court of Appeals has ruled in reversing summary judgment for the employer.  The district court had dismissed the suit based on a “misreading” of the 4th Circuit’s 1996 opinion […]

Jun 11, 2020

4th Circuit denies cops immunity for shooting black homeless man

“This has to stop.” With just four words, the 4th U.S. Circuit Court of Appeals has laid down a marker. The court was reviewing the case of a black homeless man in West Virginia who was stopped by a police officer for walking beside, not on, a sidewalk. The man, Wayne Jones, ended up dead […]

Feb 17, 2020

Dogs get added protection under 4th Circuit ruling

A federal appeals court has denied qualified immunity for a police officer who shot and killed a citizen’s dog when the dog allegedly posed no threat. The Jan. 22 decision by the 4th U.S. Circuit Court of Appeals revives a lawsuit filed by a Virginia woman against a county sheriff’s deputy who shot and killed […]

Aug 20, 2018

4th Circuit judicial nominees confirmed

A federal prosecutor and a recently-appointed federal judge from South Carolina were confirmed by the U.S. Senate Aug. 16 to fill vacancies in the 4th U.S. Circuit Court of Appeals. U.S. District Court Judge A. Marvin Quattlebaum was confirmed by the Senate in a vote of 62-28, while Assistant U.S. Attorney Julius “Jay” Richardson was […]

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