If you’ve regularly read my blog posts here over the past few years (in other words, if you are my mom), you will know that I find Fourth Circuit published
Continue Reading Another Published Rehearing Denial

Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts
If you’ve regularly read my blog posts here over the past few years (in other words, if you are my mom), you will know that I find Fourth Circuit published…
Continue Reading Another Published Rehearing Denial
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)
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…
Continue Reading Fourth Circuit Happenings – Back to Richmond and a New Member of the Court
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…
Continue Reading An Interlocutory Ruling May Affect a Substantial Right Yet Not Be Immediately Appealable
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…
Continue Reading “Rule of Necessity” Not Necessary for Federal Circuit Courts
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…
Continue Reading Published En Banc Denials and Dissents
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,…
Continue Reading Return to Richmond? Not so Fast.
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
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…
Continue Reading Supreme Court Rules that Nominal Damages Can Be Quite Valuable…Maybe?
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