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Entries Tagged as '4th Circuit'

Foreclosure in Virginia: Same as it ever was

May 20th, 2011 · Comments Off · 4th Circuit, Real estate

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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Top appellate lawyer to argue healthcare cases for government

May 6th, 2011 · Comments Off · 4th Circuit, Healthcare

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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Listen for free to 4th Circuit arguments

May 3rd, 2011 · Comments Off · 4th Circuit

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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Damage award based on marketing brochure vacated

April 29th, 2011 · Comments Off · 4th Circuit, Contractors

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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$13.5M false advertising verdict affirmed

April 20th, 2011 · Comments Off · 4th Circuit, Jury

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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Lawyer sanctioned after late recusal motion

April 19th, 2011 · Comments Off · 4th Circuit, sanctions

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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‘Flip This House’ opinion flies under the radar

April 15th, 2011 · Comments Off · 4th Circuit, contract dispute

The 4th U.S. Circuit Court of Appeals hears the fewest oral arguments and issues the fewest published opinions of the federal circuit courts. Its decision earlier this week affirming a partnership deal for a TV series raises the question of just what its standard for publishing an opinion might be.
This one [...]

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Telling supervisor to back off not ADA ‘accommodation’

April 12th, 2011 · Comments Off · 4th Circuit, Discrimination

Karl Larson may not be the first employee to think his job would be fine if his supervisor would just leave him alone.
Larson sued to make that happen. He said he suffered post-traumatic stress after a “verbal altercation” with his supervisor and he filed a disability discrimination suit asking the court to order the supervisor [...]

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Surgeon says he relied on job promise

April 1st, 2011 · Comments Off · 4th Circuit, contract dispute

A cardiac surgeon who closed his Alabama practice to move to Virginia can try his claim against the hospital he thought had hired him as its new chief cardiac surgeon.
Earlier this month, the 4th U.S. Circuit Court of Appeals vacated summary judgment for Rockingham Memorial Hospital and Cardiac & Thoracic Surgical Associates, the defendants [...]

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4th Circuit upholds sealing of qui tam suits

March 28th, 2011 · Comments Off · 4th Circuit, First Amendment

The 4th U.S. Court of Appeals rejected today challenges to provisions that require cases filed under the federal False Claims Act to be sealed for at least 60 days and permit them to remain secret for much longer.
The American Civil Liberties Union, OMB Watch and Government Accountability Project argued that the provisions violate the [...]

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