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
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
The Fourth Circuit today announced that its March session of oral arguments would remain remote. The Court’s announcement can be found here:
https://www.ca4.uscourts.gov/news-announcements/latest-news-announcements/2021/01/22/suspension-of-in-person-oral-arguments-for-march-8-12-2021
–Patrick Kane
Continue Reading Fourth Circuit Remains Remote For March
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
Continue Reading How Important Is Oral Argument In The Fourth Circuit?
In response to recent cybersecurity concerns with government networks, the Fourth Circuit announced today that it would soon be making available procedures for the filing of highly sensitive documents. See
Continue Reading Fourth Circuit to Implement Filing Procedures for Highly Sensitive Documents
There is a school of thought in legal writing that you should never put anything too important in footnotes, as some readers might skip over them. See, e.g., https://www.legalwritingpro.com/articles/the-lowdown-on-footnotes/.
Continue Reading Always Read the Footnotes
The Fourth Circuit announced today that its suspension of in-person arguments will continue through the December 7-11 argument session. Read the full announcement here.
Continue Reading Fourth Circuit to Remain Remote Through End of Year
Another week, another published ruling on an en banc rehearing petition from the Fourth Circuit. Last week we saw Judge Niemeyer arguing in a published concurring opinion that en banc
Continue Reading The Fourth Circuit’s New Normal?
A few years ago I wrote about The Curious Cases(s) of the Published Denial of Rehearing. In that post, which focused on two published denials of rehearing from the
Continue Reading The Not So Curious Case of the Published Denial of Rehearing