Fourth Circuit Court of Appeals News

A former legislator says he'll run to retain his seat as a Wisconsin appeals court judge in next spring's election.

An appellate court panel has upheld a recent decision to grant a new trial to a former Tulane University football player who had been convicted of knifing four people on Bourbon Street in 2007.

LSU paid less than half of what it should have when it expropriated the old Claiborne Towers property at Canal Street and Claiborne Avenue and demolished the historic hotel and apartment building as a part of the big LSU-VA medical center project, an appeals court ruled Wednesday.

Administrative Law Injunction against reduction of services BOTTOM LINE: Where the state's health department chose to comply with a preliminary injunction requiring it to provide a hearing before terminating Medicaid benefits to the plaintiffs, the state subdivision that managed delivery of those services was barred from appealing the ruling both ... (more)

As previously reported, on May 29, the Fourth Circuit struck down Virginia's law banning out-of-state circulators.

Those in organized medicine say a recent ruling against the N.C. Board of Dental Examiners could limit the power of state licensing boards to regulate the practice of medicine.

In a ruling that may impact how professionals attempt to limit competition from alternative providers, the North Carolina State Board of Dental Examiners failed to convince the U.S. Court of Appeals for the Fourth Circuit that the Board's successful effort to "expel non-dentist providers from the North Carolina teeth-whitening market" is immune ... (more)

The Supreme Court says lawyers may not obtain personal information from state driver license records to recruit clients for lawsuits.

But depending on whom you ask, the future of labor, the First Amendment, and freedom from state interference are at stake.

In 2010, when Barack Obama's constitutionally-challenged National Labor Relations Board began proposing an edict to force private-sector, union-free employers to post so-called Union Rights posters.

The registry grants same-sex couples a handful of basic legal rights. But members of the fundamentalist Christian and pro-corporate group Wisconsin Family Action filed a lawsuit in 2010 alleging that the registry violates a 2006 state constitutional amendment prohibiting gay marriage or anything substantially similar.

The fight against sophisticated online schemes to sell counterfeit or otherwise illegal goods is being waged by increasingly focused efforts to identify responsible parties that may be sued in U.S. courts, and whose assets are at risk.

The health care industry is familiar with the FTC's enforcement presence for anticompetitive business practices in health care markets.

A second federal appeals court has struck down a rule that would have required millions of U.S. businesses to put up posters informing workers of their right to form a union.

The Wisconsin Supreme Court has agreed to hear a lawsuit brought by two unions challenging the constitutionality of Gov. Scott Walker's law effectively ending collective bargaining for most public workers.

The Wisconsin Supreme Court agreed late Friday afternoon to rule on whether the Act 10 public union bargaining limits apply to local government and school unions.

A second federal appeals court has struck down a rule that would have required millions of businesses to put up posters informing workers of their right to form a union.

U.S. v. Hasan The sale of untaxed cigarettes by government agents during a two-year investigation of trafficking in contraband cigarettes was not so "outrageous" and "shocking" as to violate defendant's right to due process, and the 4th Circuit affirms his convictions under 18 U.S.C. A 371 and A 2342 .

On May 31, 2013, the Fourth Circuit issued an opinion upholding the Federal Trade Commission's determination that the North Carolina State Board of Dental Examiners illegally expelled non-dentists from the teeth whitening market in North Carolina.

Civil Procedure Standing BOTTOM LINE: By electing to conduct their restaurant business through a limited liability company and thereby receive protection of their personal assets from liability, restaurant principals gave up their standing to claim damages to the LLC, even if they also suffered personal damages as a result.