The VLW Blog

Charleston, W.Va., attorney Stephanie Thacker is expected to be President Obama’s pick for an open seat on the 4th U.S. Circuit Court of Appeals.
While no official announcement has been made, several sources have confirmed the impending nomination, the West Virginia Record reports. Thacker would replace M. Blane Michael, who died earlier this year.
Thacker is an [...]

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A Maryland deputy who mistook his pistol for a Taser can be sued for shooting an unarmed, fleeing suspect, a federal appeals court held on Thursday.
The full 4th U.S. Circuit Court of Appeals said a jury could find that Deputy Sheriff Robert Purnell’s mistake was “objectively unreasonable” because he should have [...]

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Lurking among Monday’s unpublished opinions of the 4th U.S. Circuit Court of Appeals is a cautionary tale for appellate lawyers who like to play it close to the deadline with their court filings.
A lawyer tried to explain his one-day-overdue notice of appeal by reference to an alleged computer glitch.
In his account, the attorney was counting [...]

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The 4th U.S. Circuit Court of Appeals has ordered supplemental briefing in the two pending cases that challenge the Patient Protection and Affordable Care Act. The appellate court has asked parties in both cases to address questions about a “tax” under the Anti-Injunction Act.
On May 10, the 4th Circuit became the first federal appellate court [...]

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It’s not just a refrain from a Talking Heads song. It’s also the latest account of what the law says about how foreclosure works in Virginia. 
In March, we reported on a legal challenge to how foreclosures are conducted in Virginia, in the wake of the housing market collapse.
Alexandria lawyer Chris Brown argued in Horvath v. [...]

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The federal government’s top appellate lawyer, Acting Solicitor General Neal K. Katyal, will defend the constitutionality of the federal health care law in two cases before the 4th U.S. Circuit Court of Appeals on Tuesday.
His adversaries will be Mathew D. Staver, dean of the Liberty University law school, and Virginia Solicitor General E. Duncan Getchell [...]

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Just in time for arguments in two federal health care lawsuits, the 4th U.S. Circuit Court of Appeals is poised to post audio of its proceedings on its website.
Don’t expect live feeds from the courtroom, though. Audio files generally will appear on the website two days after argument. “Audio files for high profile cases may [...]

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A surety’s marketing brochure did not fully support a damage award for a contractor on claims of fraudulent inducement and false advertising under Virginia law, the 4th U.S. Circuit Court of Appeals held earlier this week.
Persaud Companies signed a $3.5 million subcontract for work on a border fence project in Texas, which required it to [...]

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The 4th U.S. Circuit Court of Appeals affirmed today the largest jury verdict in Virginia in 2009, a $13.5 million false advertising judgment for PBM Products LLC, the Virginia-based manufacturer of store-brand baby formula.
The verdict was against Mead Johnson & Company, the manufacturer of Enfamil baby formula.
PBM contended that Mead Johnson had engaged in a [...]

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A trial lawyer has two chances to request recusal. The lawyer takes a pass both times. The judge rules against the lawyer’s client.
It’s hard to argue on appeal that the judge’s bias requires reversal. Not only did the lawyer lose the appeal in a fight over an Internet domain name, he was hit with a [...]

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