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Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts

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Fourth Circuit

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Another Published Rehearing Denial

By Patrick M. Kane on March 23, 2022

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

Posted in Fourth Circuit, Petition for Rehearing

En Banc Review Results in Equally Divided Fourth Circuit (Again)

By Patrick M. Kane on November 16, 2021

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)

Posted in En Banc, Fourth Circuit, Petition for Rehearing, Published Opinions

Fourth Circuit Happenings – Back to Richmond and a New Member of the Court

By Patrick M. Kane on November 5, 2021

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

Posted in Covid-19, Fourth Circuit, Oral Argument, Uncategorized

Might the Rule of Necessity be Necessary After All?

By Patrick M. Kane on October 6, 2021

Two weeks ago I blogged on the unique situation facing the Fourth Circuit in the high-profile Dylann Roof case after all of the judges of the Court recused themselves from …
Continue Reading Might the Rule of Necessity be Necessary After All?

Posted in En Banc, Fourth Circuit, Petition for Rehearing

“Rule of Necessity” Not Necessary for Federal Circuit Courts

By Patrick M. Kane on September 24, 2021
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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

Posted in En Banc, Fourth Circuit, Petition for Rehearing

Published En Banc Denials and Dissents

By Patrick M. Kane on September 10, 2021

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

Posted in En Banc, Fourth Circuit, Published Opinions

Return to Richmond? Not so Fast.

By Patrick M. Kane on August 12, 2021

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.

Posted in Fourth Circuit, Oral Argument

Judge Keenan Moving to Senior Status, Biden to Nominate Virginia SG to Fourth Circuit

By Patrick M. Kane on June 30, 2021

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

Posted in Fourth Circuit, Judges, Judicial Appointments, Uncategorized

Update on Fourth Circuit Published Opinions Without Argument

By Patrick M. Kane on April 30, 2021

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…
Continue Reading Update on Fourth Circuit Published Opinions Without Argument

Posted in Covid-19, Fourth Circuit, Local Rules, Oral Argument, Unpublished Cases

Fourth Circuit Case Has Post-Argument Judge Substitution

By Patrick M. Kane on February 3, 2021

A Fourth Circuit published opinion from earlier this week revealed an interesting panel composition issue, as the panel that heard the oral argument in the appeal was slightly different from…
Continue Reading Fourth Circuit Case Has Post-Argument Judge Substitution

Posted in Fourth Circuit, Local Rules

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