U.S. Fourth Circuit - FindLaw

U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog


Judge Roger Gregory is the first African American judge to sit on the Fourth Circuit. He's also the only judge we know to have ever been appointed to the same judicial seat by two separate presidents.

Aside from these distinctions, Gregory is also known for authoring the Fourth Circuit's opinion in King v. Burwell, which upheld the Affordable Care Act's subsidies. That opinion, coming from a court once described as "the most aggressively conservative federal appeals court in the nation," helped maintain a central piece of Obamacare -- a piece that is currently before the Supreme Court.

Security Services of America is not liable for damages caused by its security guard who burned down a subdivision he was charged with protecting, the Fourth Circuit ruled last Friday. A state law, the Maryland Security Guard Act, did not expand the company's liability beyond traditional doctrines of respondeat superior.

Aaron Speed was working as a security guard with SSA when he and several accomplices committed one of the largest arsons in Maryland history, burning down 10 under-construction houses and damaging 16 others. The racially motivated arson, committed in 2004, caused $10 million in damage. Speed had been hired by SSA to guard the construction site.

If you're arguing before the Fourth Circuit Court of Appeals (or just stopping by on your federal circuit tour of the United States), you're going to end up at the Lewis F. Powell Jr. courthouse in downtown Richmond, Virginia.

You might only be there for a day or two, but that doesn't mean you can't avail yourself of the things Richmond has to offer.

The District Court of South Carolina can't avoid hearing a dispute over who is the proper leader of the Protestant Episcopal Church in South Carolina, the Fourth Circuit held on Tuesday. The unusual case pitted two rival Bishops, the Reverend Mark J. Lawrence and the Reverend Charles G. vonRosenberg, against each other, with each claiming that they were the rightful leader of the church and thus entitled to use its trademarks.

The controversy, like all great religious disputes, stems from a schism in the Church. The conservative Diocese of South Carolina split from the more liberal Episcopal leadership over the national denomination's increasing acceptance of gay and lesbian church members. At stake are not just the souls of Southern Episcopalians, but also $500 million in church property and the right to Church trademarks.

Federal prosecutors filed their first response to an appeal by former Virginia governor Bob McDonnell on Thursday. McDonnell was convicted of 11 counts of public corruption last September, relating from his relationship with a Richmond businessman who had given him over $177,000 in loans and gifts.

McDonnell contends that his conviction is invalid, that he never promised or performed any "official acts" in exchange for gifts and that his prosecution is a threat to democracy. Prosecutors' the one-hundred some page long filing argues that the court must uphold McDonnell's conviction.

The Professional Massage Training Center, in Springfield, Missouri, became accredited by the Accreditation Alliance of Career Schools in 2005. When PMTC applied for reaccreditation in 2010, AACS denied the application.

That's a big deal: Unaccredited schools don't get access to a whole host of benefits, including the ability to accept federal student loan money. PMTC sued, and a federal district court agreed with PMTC, awarding it $400,000 in damages and reinstating the accreditation. That decision was totally wrong, said the Fourth Circuit, which reversed the reinstatement and ordering the district court to dismiss the case.

Planning on visiting a federal courthouse anytime soon? Get ready for a good pat down. Courts across the country are beefing up their security and getting in to see a judge these days can require just about as much security screening as flying to Jordan.

Getting held up in security can throw a serious wrench into your day, whether you're present simply to attend arguments or arguing before a judge. Pay attention to these three security rules to know so you don't get caught off guard when walking up the courtroom steps.

There's no end to the creativity payday lenders will go to extract huge interest rates out of desperate people. When states started to regulate them, payday lenders ingeniously contracted with Indian tribes, who were more than happy to share a cut of the money so that payday lenders could be exempt from state usury laws.

And thanks to binding arbitration agreements, disputes won't go to court. But what happens when a debtor challenges a payday loan's validity in a bankruptcy proceeding? The Fourth Circuit is here to find out.

A few years ago, the Ninth Circuit ruled against the City of Redondo Beach in a dispute over a city ordinance prohibiting standing in the street to solicit anything in exchange for money. The ordinance was really directed toward day laborers; Redondo Beach wanted a way to stop them from soliciting work on certain streets and tried to use a safety ordinance to do it.

Now, from the Fourth Circuit, comes a similar statute prohibiting "standing" in a county roadway to solicit funds or sell merchandise. The plaintiff in Reynolds v. Middleton is, it turns out, a homeless man who solicits donations from stopped cars. A federal district court had granted summary judgment for Henrico County, Virginia, but last week, the Fourth Circuit reversed.

The saga of disgraced former Virginia Gov. Bob McDonnell came to some kind of resolution today as he was sentenced to two years in prison, less than what prosecutors wanted.

McDonnell and his wife Maureen were charged last year with public corruption for taking $177,000 in gifts while McDonnell was governor. The trial turned from a simple bribery case into a sideshow that placed the McDonnell's allegedly troubled marriage in the spotlight.