Tag Archive | United States Court of Appeals for the Fourth Circuit

Pizza Is the New Broccoli

By Steve Klepper (Twitter: @MDAppeal)

In the 2012 NFIB v. Sebelius challenge to Obamacare, the now-famous broccoli analogy appeared 12 times in the majority, concurring, and dissenting opinions.

Today, we were treated to a (coincidental) same-day Circuit split, with the D.C. Circuit and the Fourth Circuit reaching opposite holdings regarding the legality of subsidies under the federal healthcare exchanges. In the process, Maryland’s own Fourth Circuit Judge Andre Davis has given us a new Obamacare food analogy du jour: Read More…

CTS and the Value of Certification Statutes

By Steve Klepper (Twitter: @MDAppeal)

Yesterday’s excellent guest post by Derek Stikeleather managed to set a new record for daily traffic on the Maryland Appellate Blog. Many thanks to Derek (and to Howard Bashman for picking up the post at How Appealing). I’d like to briefly add a small point on CTS Corp. v. Waldburger.

I’ve seen news reports of efforts in the North Carolina Legislature to pass a bill, applying to all pending litigation, declaring that the state’s statute of repose was never intended to apply to tort cases involving contaminated groundwater. [Update: Beth Scherer at the North Carolina Appellate Practice Blog reports that both houses unanimously approved the legislation.] A Marylander might ask why the Fourth Circuit does not simply certify that question to the Supreme Court of North Carolina. Read More…

Fourth Circuit Certifies Question to Maryland Court of Appeals

Today, in Antonio v. SSA Sec. Inc., — F.3d — (4th Cir. 2014), the United States Court of Appeals for the Fourth Circuit certified the following question to the Court of Appeals of Maryland:

Does the Maryland Security Guards Act, Md. Code Ann., Bus. Occ. & Prof. § 19-501, impose liability beyond common law principles of respondeat superior such that an employer may be responsible for off-duty criminal acts of an employee if the employee planned any part of the off-duty criminal acts while he or she was on duty?

The factual and legal background appears in the Fourth Circuit’s decision, available here. The Court of Appeals presumably will calendar the case for argument during the September 2014 Term.

Read This: A Great Fourth Circuit Dissent

By Steve Klepper (Twitter: @MDAppeal)

Judge Andre M. Davis is, in my opinion, one of the two best writers on the Fourth Circuit. (The other is Judge J. Harvie Wilkinson III.)

Earlier this week, readers of the Fourth Circuit’s opinions were treated to a powerful dissent by Judge Davis in United States v. Kerr, No. 12-4775 (4th Cir. Dec. 3, 2013). Without taking sides between the majority and the dissent on the substantive question (the application of the Armed Career Criminal Act to North Carolina convictions), I’d like to highlight the dissent as an excellent piece of legal writing. Read More…

The Fourth Circuit May Have Quietly Set Up Supreme Court Cert Review on Judicial Recusals

By Michael Wein

An easily overlooked set of Opinions and Orders in the Fourth Circuit Court of Appeals, those in United States v. Jeffrey Sterling, (at least when considered together), appears to have gone mostly unnoticed in the blogosphere. It involves an unlikely combination of Certworthy issues for the Supreme Court, not just on the scope of a potential privilege and/or 1st Amendment rights that exists for reporters to obtain and keep secret information received from confidential sources, but to include the ethics issue for Judicial Recusal, at least with respect to the intervenor, New York Times reporter James Risen, and a host of Amici groups, including the Times, Washington Post, Tribune Company, and CNN. (Actually, most major media companies in the U.S.). Read More…

Reflecting on Secrecy in 4th Circuit Panel Composition

By Steve Klepper

I am currently en route to Richmond for an argument before the Fourth Circuit. (Don’t worry, I’m on a train, not driving while  blogging.)  I know my record.  I know my cases. I know my argument. But I don’t know which three judges will be hearing argument tomorrow. The Fourth Circuit jealously guards the identity of a panel until 8:30 on the morning of argument.  Read More…