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The Latest Breaking News from the Fourth Circuit

Public Has Right to Access Summary Judgment Filings Even When Summary Judgment Motion Was Never Decided

From U.S. ex rel. Oberg & Camoin v. Nelnet, Inc., decided yesterday by the Fourth Circuit, in an opinion by Judge Julius Richardson, joined by Judge Barbara Milano Keenan and District Judge Elizabeth Dillon (W.D. Va.): In 2007, Jon Oberg filed a lawsuit under the False Claims Act against various…

Reason

Law Enforcement Trainers File Scotus Amicus Brief against Maryland Rifle Ban

Citizens should be able to choose the same high-quality defensive arms that peace officers choose

Reason

Justices Thomas and Alito on Bias Response Teams

In Speech First, Inc. v. Sands, the Court vacated the Fourth Circuit's decision upholding Virginia Tech's Bias Intervention and Response Team Policy, on the grounds that the case had become moot. Justice Jackson would have denied the petition because of her views about when lower court decisions should be vacated…

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The First Geofence Warrant Case Reaches the Federal Court of Appeals

United States v. Chatrie is heard in the Fourth Circuit.

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Court Upholds Denial of Pseudonymity to Plaintiff in #TheyLied Libel Suit Stemming from Title IX Complaint

"Appellant wants the option to hide behind a shield of anonymity in the event he is unsuccessful in proving his claim, but he would surely identify himself if he were to prove his claims."

Reason

Court Strikes Down W. Va. Law Restricting Property Owners from Asking Visitors About Whether They Have Guns in Their Parked Cars

From yesterday's decision by Judge John T. Copenhaver, Jr. (S.D. W. Va.) in W. Va. Coalition Against Domestic Violence, Inc. v. Morrisey (some formatting changed); note that the court upheld some other provisions of the law, which I discuss in a separate post: In March 2018, the West Virginia Legislature…

Reason

Fourth Circuit Concedes to Congress on Mountain Valley Pipeline

The judges recognize that Congress ended their ability to review the Mountain Valley Pipeline, but they seem none too happy about it.

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Supreme Court Saves Mountain Valley Pipeline from Fourth Circuit Stay

The Supreme Court vacated a stay entered by the U.S. Court of Appeals for the Fourth Circuit.

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Short Circuit: A Roundup of Recent Federal Court Decisions

Huge tracts of land, Dad does The RICO, and poor prosecutorial behavior

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Conservatives Should Not Be Surprised By Justice Gorsuch's Opinion in Bostock

Revisting Kastl v. Maricopa County Community College District.

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Will SCOTUS Be the Mountain Valley Pipeline's MVP?

The Mountain Valley Pipeline's developers seek Supreme Court intervention to prevent the U.S. Court of Appeals for the Fourth CIrcuit from delaying its completion.

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Is the ADA Tainted By Unconstitutional Animus?

Is the exclusion of "gender identity disorders" from the ADA based on a "bare desire to harm"?

Reason

SG Flips Position on Whether Removed Climate Change Cases Are "Inherently Federal In Nature"

"After the change in Administration and in light of those intervening developments, the United States has reexamined its position and has concluded that state-law claims like those pleaded here should not be recharacterized as claims arising under federal common law."

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Speedy trials, political advertising, and horseracing.

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