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Tag Archives: 4th U.S. Circuit Court of Appeals

No ‘Reasonable Access’ to Copyrighted Home Designs (access required)

Although plaintiff architecture firm had its copyrighted designs for three home models – the Chadwyck, the Ballantrae and the Springfield, online and had cut sheets and sales handouts available for the Chadwyck, the firm nevertheless failed to show that defendant ...

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Agency Pesticide Opinion ‘Arbitrary,’ Court Says (access required)

A “biological opinion” issued by the National Marine Fisheries Service to the Environmental Protection Agency is arbitrary and capricious under the Administrative Procedure Act, 5 U.S.C. § 706, and the 4th Circuit reverses summary judgment for the Fisheries Service and ...

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Panhandlers’ First Amendment Claim Survives (access required)

A district court erred in dismissing plaintiffs’ First Amendment challenge to a Charlottesville city ordinance that restricts panhandling in certain areas; the 4th Circuit says plaintiffs have nudged their claim across the line from “conceivable” to “plausible.” The district court ...

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