The world of Fourth Circuit en banc review has provided much fodder for my postings on this blog (See, e.g., here, here, here, here). On
Continue Reading En Banc Review Results in Equally Divided Fourth Circuit (Again)
Fourth Circuit Happenings – Back to Richmond and a New Member of the Court
Two significant announcements came out of the Fourth Circuit this week. The first was that the Court announced that in-person oral arguments will resume for the Court’s December argument calendar
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An Interlocutory Ruling May Affect a Substantial Right Yet Not Be Immediately Appealable
In North Carolina appellate practice, it is often generally said that an interlocutory order affecting a substantial right is immediately appealable. But as the Court of Appeals reiterated in an
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Might the Rule of Necessity be Necessary After All?
“Rule of Necessity” Not Necessary for Federal Circuit Courts
An interesting recusal issue recently faced the Supreme Court of North Carolina, requiring the Court to invoke the “Rule of Necessity” in order to hear a high-profile case on North
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Published En Banc Denials and Dissents
I have written a few times about published denials of petitions for rehearing en banc in the Fourth Circuit. See here and here. If you are interested in further
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Return to Richmond? Not so Fast.
The Fourth Circuit had intended to resume in person oral arguments at the Lewis F. Powell Jr. Courthouse in Richmond, VA for its September argument calendar. That return was short-lived,
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Judge Keenan Moving to Senior Status, Biden to Nominate Virginia SG to Fourth Circuit
See more details on the Maryland Appellate Blog here:
Biden to Nominate Virginia SG Heytens to Fourth Circuit | Maryland Appellate Blog (mdappblog.com)
–Patrick Kane
Continue Reading Judge Keenan Moving to Senior Status, Biden to Nominate Virginia SG to Fourth Circuit
Supreme Court Rules that Nominal Damages Can Be Quite Valuable…Maybe?
In March, the concept of nominal damages (often just a single dollar awarded to a plaintiff to represent a defendant’s liability in the absence of actual damages) took center stage
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Update on Fourth Circuit Published Opinions Without Argument
Back in January I blogged about how frequently, and in what types of cases, the Fourth Circuit was issuing published opinions after submission on briefs–a new phenomenon in the Circuit
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