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 the panel that ultimately issued the opinion. In Foodbuy, LLC v. Gregory Packaging, Inc., when introducing the panel of Circuit Judges Niemeyer and Agee and District Court Judge Kleeh sitting by designation, the opinion noted with an asterisk that “after argument, Judge Quattlebaum recused himself, and Judge Niemeyer elected to participate on the earlier recorded oral argument, briefs, appendices, and district court record.” … Continue Reading

The COVID-19 pandemic has forced many changes in the legal profession over the last 10 months.  Those receiving the most focus have been, for obvious reasons, things like remote proceedings such as telephonic hearings and video conference arguments in trial and appellate courts.  We’ve even heard of remote jury trials.  But there have also been many less publicized departures from the norm required by this unprecedented public health crisis. … Continue Reading