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Author Archives: David Donovan

4th Circuit: No private right to injunctive relief under RICO (access required)

The Racketeer Influenced and Corrupt Organizations Act doesn’t give private plaintiffs a right to sue for injunctive relief, the 4th U.S. Circuit Court of Appeals has unanimously ruled in an issue of first impression. The decision deepens a split among ...

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$100M grill judgment against Walmart wasn’t well done (access required)

Nearly three years after a federal jury found that Walmart had infringed a competitor’s trademark in marketing its line of barbecue grills, a federal appeals court has determined that the trial didn’t cut the mustard. The 4th U.S. Circuit Court ...

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4th Circuit clashes over ‘exigent circumstances’ doctrine (access required)

Charges against a Virginia man who was subjected to a warrantless search and seizure will be dropped after a full panel of the 4th U.S. Circuit Court of Appeals ruled that the search violated in the Fourth Amendment in a ...

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Time to end lifetime federal appointments (access required)

Recently I was doing some honest-to-goodness work editing North Carolina Lawyers Weekly, and I ended up getting sucked down an internet rabbit hole that convinced me that Article III of the U.S. Constitution, creating our federal judiciary, is in need ...

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