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

February 2018 Archives

Court: Manufacturer Not Liable for WaveRunner Injury

When you see youngsters racing by on motorcycles, you might wonder if they make it to adulthood.

Chances are they do, but it helps if they have a helmet, boots and other protective clothing. Now think about those kids skimming across the ocean on those water motorcycles.

They may not need helmets, but they definitely need protective wear. Deborah Meek Hickerson didn't think so in Hickerson v. Yamaha Motor Corporation, U.S.A.

4th Circuit Strikes Travel Ban 3.0 for Discrimination

President Trump's on-again, off-again travel ban is off again, at least in principle.

The U.S. Fourth Circuit Court of Appeals said the ban -- the third one -- is unconstitutional. The appeals court said in International Refugee Assistance Project v. Trump that the ban wrongfully discriminates against people of Islamic faith.

However, the decision does not supersede the U.S. Supreme Court's decision in December that allowed the ban to stand pending litigation. If you are confused, you may want to get off the bus now because it's headed back to Washington.

The company behind an implantable transvaginal mesh medical device, Boston Scientific Corporation, failed to convince the Fourth Circuit Court of Appeals that the lower district court helped the jury make the wrong decision.

The appeal was over four cases that were consolidated into one action due to the commonality of the cause of plaintiffs' injuries. The plaintiffs' injuries all involved Boston Scientific's transvaginal mesh implant. Notably, one of the component manufacturers clearly labeled their product in the Material Safety Data Sheet (MSDS) to avoid use in permanent or long term implantable devices. Nevertheless, Boston Scientific used the component, and not surprisingly, many individuals suffered complications as a result.