4th Circuit

  • Passed out

    Non-Sequiturs

    Non-Sequiturs: 08.06.15

    * A reminder to stay safe when you watch the GOP debates tonight — drinking games can seriously jeopardize your health. [Raw Story]

    * The Washington NFL team has filed a notice of appeal to the Fourth Circuit over their canceled trademark registrations as they move their failure off the field and into the courts. [Bloomberg BNA]

    * Penn State unveils a new logo. Critics call it a “hypnotized dog looking at cupcakes,” but it actually looks more like the vacant stare of someone who has seen something but refuses to tell authorities about it. [TaxProf Blog]

    * How to take good notes. Apparently, “actually take notes” is the first step. Good to know. [Survive Law]

    * Congrats to occasional Legal Cheek blogger Amy Woolfson on her Harvard Law scholarship. Welcome to our side of the pond. [Legal Cheek]

    * Dumb people can get ripped off on Craigslist. And not just when you take a “JD required” job as a catsitter. [Lowering the Bar]

    * Understand the tax implications of your student loan forgiveness program. [Lawyerist]

    7 Comments / / Aug 6, 2015 at 5:00 PM
  • Courthouse steps

    4th Circuit, Federal Circuit, Federal Government

    The Pleading Bar In False Advertising Cases Has Been Raised

    The Fourth Circuit recently issued a decision affirming a district court’s order dismissing a false advertising claim against GNC and Rite Aid relating to several supplement products containing glucosamine and chondroitin, as well as other ingredients.

    / Jul 9, 2015 at 4:30 PM
  • benchslap

    Technology

    Judges Call Out Prosecutors For Overreach; Call Out Third Judge For Suggesting Courts Shouldn’t Challenge Government

    “Unlike judges, such as our concurring friend, who apparently believe it is never appropriate… to express reservations or disapproval of manifestly irregular, if not illegal, “strategic choices” by prosecutors, I believe judges need to say more, not less.”

    4 Comments / / Jun 5, 2015 at 10:02 AM
  • Ted Cruz LF R Ted Cruz Texas flag

    Non-Sequiturs

    Non-Sequiturs: 01.09.15

    Ted Cruz LF R Ted Cruz Texas flag* Ted Cruz Goes To Jury Duty is the Ernest Goes To Camp of a new generation. [NBC News]

    * Former Judge Mike Maggio has graced our pages with his disgrace before when he admitted to making racist and sexist remarks about Charlize Theron’s adoption. Well, he just pleaded guilty to federal bribery charges. Looks like he’ll Geaux to prison. [Arkansas Times]

    * Faced with allegations that it discriminated against a trans woman, Saks takes the curious legal stance that it had the legal right to discriminate. I’d say that takes balls, but… [Slate]

    * A hearing board in Illinois just recommended a one-year suspension of former Sidley Austin and present DLA Piper attorney Lee Smolen. Maybe he could spend that time with his kids. [Legal Profession Blog]

    * Fourth Circuit rules that you can’t set up unconstitutional barriers to abortion. Nothing to do with the woman’s rights of course, but because it might impact the doctor’s free speech. [Dorf on Law]

    * Fired for wife-swapping. [Lowering the Bar]

    * Jones Day accuses a federal judge of bias in benchslap appeal. Meanwhile, trial lawyers are filing amicus briefs backing the judge. [ACEDS]

    * Technology and outsourcing have totally jacked the careers of Biglaw associates. You already knew this, but now there’s a paper! [TaxProf Blog]

    11 Comments / / Jan 9, 2015 at 5:01 PM
  • 640px-Bob_McDonnell_by_Gage_Skidmore

    Drinking, FTC, Health Care / Medicine, Non-Sequiturs, Police, Politics, Racism, Trademarks

    Non-Sequiturs: 09.04.14

    * Bob McDonnell, former governor of Virginia, guilty of 11 counts of corruption. Maureen McDonnell guilty of 8. If only they’d gotten that severance motion. [Wonkette] * The best way to catch drunk drivers is to give them something to crash into. [Legal Juice] * Chaumtoli Huq, a former general counsel to the New York […]

    1 Comment / / Sep 4, 2014 at 5:37 PM
  • Justice Ruth Bader Ginsburg

    4th Circuit, Barack Obama, Gay Marriage, Job Searches, John Roberts, Law Schools, Morning Docket, Rankings, Ruth Bader Ginsburg, SCOTUS, Supreme Court

    Morning Docket: 08.15.14

    * President Obama suggested he may be able to nominate a new SCOTUS justice before he leaves office in 2017. When reached for comment, Justice Ginsburg noted: “Bitch, please.” [POLITICO]

    * Chief Justice John Roberts has been asked to stay the Fourth Circuit’s decision as to Virginia’s same-sex marriage case, lest the state truly become a place for all lovers. [National Law Journal]

    * Whitey Bulger is appealing his conviction, claiming he didn’t receive a fair trial because he wasn’t allowed to testify that a prosecutor who had since died once promised him immunity. Aww. [WSJ Law Blog]

    * On the whole, school rankings matter generally, but law school rankings can be truly meaningful when it comes to getting a job after graduation. Don’t believe me? Check out these graphs. [Forbes]

    * “They’re not the one if this fails will have a law degree that we cant do anything with.” Students at Concordia Law are starting to feel the pain of attending a yet-to-be accredited law school. [KBOI 2]

    4 Comments / / Aug 15, 2014 at 9:04 AM
  • cooley blue

    4th Circuit, Biglaw, Cars, Crime, Gay Marriage, Law Schools, Morning Docket, Murder, SCOTUS, Supreme Court, Technology

    Morning Docket: 08.14.14

    * Cleary Gottlieb lost some historic cases during the first half of 2014, including one for $50 billion, but not to worry, “the firm is proud of the work Cleary lawyers do every day.” [Am Law Daily]

    * The Fourth Circuit is refusing to issue a stay in Virginia’s gay marriage case, so the state will be for all lovers starting next week unless SCOTUS decides to step in. [National Law Journal]

    * Thomas M. Cooley Law School has now officially become the Western Michigan University Thomas M. Cooley Law School. If only a new name could clear its reputation. [MLive.com]

    * It’s not every day that a law student with a criminal history is arrested on murder charges, but Tuesday was that day for one student. We’ll have more on this later. [San Antonio Express-News]

    * “Glass is built to connect you more with the world around you, not distract you from it.” Google sure is optimistic about Glass, but several states aren’t, and have already proposed driving bans. [WSJ Law Blog]

    4 Comments / / Aug 14, 2014 at 8:56 AM
  • gun with bullets

    4th Circuit, Barack Obama, Basketball, General Counsel, Guns / Firearms, Non-Sequiturs, Politics, Sports

    Non-Sequiturs: 07.29.14

    * The NRA’s general counsel was once convicted of murder. What’s the phrase? If you outlaw guns, only general counsel will have guns… [Mother Jones]

    * Seattle is looking for people donating skulls to Goodwill. Wow, if Jeffrey Dahmer had only known there was a charitable tax write-off available. [Lowering the Bar]

    * “A domestic helper has appeared in court accused of trying to injure her employer by mixing her menstrual blood in a pot of vegetables she was cooking.” Eww. [Legal Juice]

    * Can Congress sue the president? Here are multiple takes. [The Volokh Conspiracy / Washington Post]

    * As the confirmation of Pamela Harris to the Fourth Circuit reminds us, “that whole nuclear option has really worked out.” So far. [Huffington Post]

    * Money magazine is looking to create a ranking of undergraduate schools heavy on outcome-based factors. If you need any hints on how to do it, let us know. [The Chronicle of Higher Education]

    * Donald Sterling has lost, which is something he knows a lot about from his years of owning the Clippers. Here’s Mitchell Epner’s review of the ruling and its appealability. [CNBC]

    3 Comments / / Jul 29, 2014 at 5:10 PM
  • Ruth Bader Ginsburg

    2nd Circuit, 4th Circuit, Copyright, D.C. Circuit, Food, Gay, Gay Marriage, Health Care / Medicine, Immigration, Music, Non-Sequiturs, Rankings, Rape, Supreme Court

    Non-Sequiturs: 07.28.14

    * Have you heard that Staci invited Justice Ginsburg to her wedding? [TIME]

    * The Fourth Circuit welcomes Virginia to the fold of marriage equality. [National Law Journal]

    * What might be the biggest insider trading case ever hinges on Greenberg Traurig. [New York Post]

    * Most exciting of all is that we may never need to hear the depressing “copyright-free” Happy Birthday song ever again. [boingboing]

    * With all the fire-breathing over the humanitarian crisis at the Mexican border, Texas Judge Clay Jenkins stands out for being reasonable. “I don’t feel like we have to solve the border crisis for a terrified child to be shown some compassion.” Why don’t we hear about more people like Judge Jenkins? This article suggests there’s a deeper problem with the media. [Dallas Observer]

    * I’ve been beating the drum that the Obamacare cases aren’t bound for SCOTUS because the D.C. Circuit will reverse Halbig en banc. The contrary view is that the Supreme Court may not let the lack of a real circuit split stand in its way. [Constitutional Accountability Center]

    * Outrage over the government’s school lunch health standards have Republicans fighting back at the state level. Remember, we need fatass kids because… freedom! [National Journal]

    * The Second Circuit approved antibiotics in animal feed for animals that aren’t even sick. Enjoy your superbugs! [Kitchenette / Jezebel]

    * Judge allegedly fell asleep during a child rape case. It’s not like it’s an important case or anything. [Gawker]

    * Gaming the rankings — not just for law schools any more. [The Kansas City Star]

    * Karen Mantler can’t afford her lawyer. And she’s singing about it. After the jump…. [WNYC Spinning On Air]

    1 Comment / / Jul 28, 2014 at 5:12 PM
  • Just try telling him to put out his smokes. Not gonna happen.

    4th Circuit, D.C. Circuit, Gay, Guns / Firearms, Health Care / Medicine, Non-Sequiturs, Police

    Non-Sequiturs: 07.23.14

    * Looming legal battle over the confidentiality agreement at the center of lawsuit over which team John Travolta plays for. [Gawker]

    * The fallout from yesterday’s Obamacare Appellageddon continues. The D.C. Circuit and the Fourth Circuit are going to have some awkward parties until this gets resolved. [Federal Regulations Advisor]

    * Somebody got confused and thought that Stand Your Ground laws applied to protect black people. [News 4 Jax]

    * In Louisiana, a justice of the peace is given public money to hire all their staff and buy all their equipment and pay themselves whatever salary they want out of the remainder. One guy had a very clever idea about how to allocate that money and it set off a legal fight. Oh, and apparently the best job in Louisiana is to be a constable. So now you know. [Times-Picayune]

    * Do you know the 12 Rules of Client Service? Are you at least ready to fight over them? [What About Clients?]

    * Newark police can’t even come up with constitutional excuses for 75 percent of what they do. [Slate]

    * Lululemon figured that patent trolls were onto something and patented its clothing designs and aggressively pursues anyone who dares design a tank top with a built-in bra. Who would ever have thought of such an original idea? [Jezebel]

    * The University of California is increasing non-resident enrollment for budget reasons. Law schools presumably follow suit. [TaxProf Blog]

    0 Comments / / Jul 23, 2014 at 5:03 PM
  • Obamacare-Barack-Obama-doctor-physician

    4th Circuit, Career Alternatives, D.C. Circuit, Health Care / Medicine, Non-Sequiturs

    Non-Sequiturs: 07.22.14

    * The D.C. Circuit struck down a key component of Obamacare while a few miles away, the Fourth Circuit disagreed. This sets up an intriguing circuit split that will be resolved as soon as the D.C. Circuit takes it up en banc. Until then though, let the mainstream media talking heads freak out about what this all means. [NBC News]

    * Professor Thane Rosenbaum writes in the Wall Street Journal (natch!) defending the deaths of civilian Palestinians using the same logic that Osama bin Laden used to justify 9/11. He probably should have done a little more research. [Slate]

    * Amelia Boone, a Skadden Chicago bankruptcy associate, is a world champion Tough Mudder and Spartan Race runner. Because who says cruelly abusing yourself has to be limited to the work week? [Outside]

    * Ruth Bader Ginsburg’s senior picture from Cornell. [That’s What She Said / Jezebel]

    * Elie thinks we should all get drunk and go for a bike ride! [ATL Redline]

    * From purveyor of justice to purveyor of donuts. [USA Today]

    * Congratulations to Professor Mariano-Florentino Cuellar of Stanford Law on his nomination to the California Supreme Court. If confirmed, maybe Stanford can start advertising about all the state judges they’ve produced. [San Jose Mercury News]

    * We’ve heard that Bingham is looking to merge. Lee Pacchia talks to Casey Sullivan about what’s next. Video after the jump… [Mimesis Law]

    5 Comments / / Jul 22, 2014 at 5:01 PM
  • 4521344_orig

    4th Circuit, Crime, Fashion, Immigration, Legal Ethics, Non-Sequiturs, Privacy, Technology

    Non-Sequiturs: 07.18.14

    * Latter-day Dan Fielding seems to have used his office to meet the ladies: alleged to have had an affair with and then impregnate a woman he prosecuted. When she raised the issue with his wife, he filed a motion to revoke her probation. This is all terrible, but the weirdest part was having to have her defense counsel in the bedroom the whole time. [Lexington Herald-Leader]

    * Woman shot a guy because he didn’t ejaculate enough. The most dreaded words in that neighborhood must be, “Omar’s not comin’ yo.” [Detroit Free Press]

    * What caused the child immigration crisis at the border? Turns out it was Free Slurpee Day. Who knew? [CNBC]

    * Overcommunication is a virtue. Did you hear that? Overcommunication is a good thing. It really is. You should overcommunicate. It’s good. [What About Clients?]

    * Judge J. Harvie Wilkinson III thinks the criminal justice system is just super. As far as innocent people going to jail, them’s the breaks. [Wrongful Convictions Blog]

    * A guy’s guide to lawyerly fashion. It misses my personal pet peeve: use collar stays! Seriously, how do people not know this? [Attorney at Work]

    * There were a record number of data breaches in New York last year. The problem is the persistent use of 12345 as a password. [Information Law Group]

    4 Comments / / Jul 18, 2014 at 4:36 PM
  • iStock_000017011648Small

    4th Circuit, Crime, S.D.N.Y., White-Collar Crime

    Attempted Cannibalism and Furthering Jihad: Two Views of Intent in a Criminal Conspiracy

    A jury is most likely to find people guilty the more they’re doing something that the jurors themselves think of as not funny and, in fact, really quite repugnant.

    4 Comments / / Jul 3, 2014 at 10:26 AM
  • Zach Warren

    4th Circuit, Biglaw, Crime, Dewey & LeBoeuf, Gay Marriage, Law Professors, Law Schools, Morning Docket, Ruth Bader Ginsburg, SCOTUS, Supreme Court

    Morning Docket: 05.14.14

    * Justice Ruth Bader Ginsburg may retire by the end of summer 2015, or she may retire by the end of summer 2017, or she may retire whenever she damn well pleases. For the love of God, please stop with this. [Legal Intelligencer]

    * The Fourth Circuit appears to be split on Virginia’s gay marriage ban. The Tenth Circuit appeared to be split on Utah’s gay marriage ban. We’ll give you three guesses on the eventual Supreme Court outcome. [New York Times]

    * Law deans lose their jobs when their schools drop in rank, and it seems Biglaw chairmen lose their titles when their firms post the worst single-year drop in revenue ever. Sorry Bingham McCutchen. [Am Law Daily]

    * Ex-D&Ler Zach Warren wants to sever his case from the likes of Joel Sanders and the Steves, using a “guilt by association” argument. The only thing he’s guilty of is being too cute. [National Law Journal]

    * The drama continues at Albany Law, where faculty members now face possible pay cuts or being put on unpaid leave following a “smear campaign” waged against Dean Penelope Andrews. [Albany Times Union]

    0 Comments / / May 14, 2014 at 9:06 AM
  • Anna Nicole Smith

    4th Circuit, Anna Nicole Smith, Biglaw, Christopher Christie, Federal Judges, Gay, Gay Marriage, Gender, In-House Counsel, Law Schools, Morning Docket, New Jersey, SCOTUS, Sonia Sotomayor, Supreme Court, Women's Issues

    Morning Docket: 04.02.14

    * Sonia Sotomayor has been dubbed as the “people’s justice” in a law professor’s article recently published in the Yale Law Journal Online. If only RBG had appeared on Sesame Street, the title could’ve been hers. Sigh. [WSJ Law Blog (sub. req.)]

    * It’s a “procedural game-changer”: Virginia’s class action lawsuit against same-sex marriage has been stayed pending the outcome of the Fourth Circuit’s decision in the case that struck down the state’s ban on gay marriage. [Legal Times]

    * “They’re certainly going to be very careful about biting the hand that feeds them.” Gibson Dunn & Crutcher, the firm behind the “Bridgegate” report that cleared Gov. Christie of wrongdoing, received $3.1M from New Jersey last year. [New Jersey Star-Ledger]

    * Now that approximately 60 percent of compliance officers are women, in-house insiders are starting to wonder if the position is being reduced to “women’s work” — and not in a good way. [Corporate Counsel]

    * Everyone involved in this case is dead, but it’s been hanging in the courts for more than a decade. Soon we’ll find out if Anna Nicole Smith’s ex-stepson will be sanctioned in the grave. [National Law Journal]

    4 Comments / / Apr 2, 2014 at 9:10 AM
  • J Harvie Wilkinson III RF

    4th Circuit, Federal Judges, J. Harvie Wilkinson III, Judicial Nominations, Politics, Quote of the Day, Washington Post

    And Was His Honor ‘Stoked’ As Well?

    What does a prominent federal judge think of the end of the filibuster for most presidential nominees?

    2 Comments / / Nov 26, 2013 at 1:27 PM
  • summer beach ball summer associate event contest

    4th Circuit, American Bar Association / ABA, Biglaw, Conferences / Symposia, Copyright, Federal Judges, Gay Marriage, Immigration, John Roberts, Morning Docket, Pornography, SCOTUS, Summer Associates, Supreme Court

    Morning Docket: 08.08.13

    * “[J]ust because something is constitutional doesn’t mean it’s the best idea, or even a good one.” Perhaps we’ve given Chief Justice John Roberts a little too much to do. No wonder he’s gotten cranky. [Opinionator / New York Times]

    * “It’s raining lawsuits.” As Justice Scalia predicted, in the wake of the Supreme Court’s ruling in the Windsor case, gay couples across the nation have banded together to challenge bans on same-sex marriage. [NBC News]

    * The Fourth Circuit ruled that state authorities in Maryland can’t arrest and detain people just because they look like they might be illegal immigrants. They can only do that in Arizona. [Baltimore Sun]

    * No more fun during sequestration, ever! Judges, get ready to kiss your “lavish accommodations” at judicial conferences goodbye, because Senator Tom Coburn is on the case. [National Law Journal]

    * For all of the talk that Biglaw is in recovery, summer associate hiring just isn’t what it used to be. Summer class sizes shrank since last year. We’ll have more on this later today. [Am Law Daily]

    * On Friday, the ABA Section of Legal Education and Admissions to the Bar will consider making changes to its law school accreditation standards. Yes, the ABA does have standards. [ABA Journal]

    * Open wide and suck this down: A film on the life and times of porn star Linda Lovelace may be lost to the cutting room floor because Deep Throat’s rights holders are seeking an injunction. [The Guardian]

    9 Comments / / Aug 8, 2013 at 9:04 AM
  • Lana Landis: You'd giver her all of your money, too.

    4th Circuit, Bar Exams, Biglaw, Deaths, Divorce Train Wrecks, General Counsel, In-House Counsel, Law Schools, Martin Lipton, Money, Morning Docket, Samuel Alito, SCOTUS, Supreme Court

    Morning Docket: 07.18.13

    * It’s Alito time, bitch! If you were wondering about any of the cases in which the justice recused himself last year, his latest financial disclosure report is quite telling. [Blog of Legal Times]

    * Yet another appellate court has ruled that Obama’s recess appointments to the NLRB were unconstitutional. Alright, we get it, just wait for the Supreme Court to rule. [TPM LiveWire]

    * Hey baby, nice package: With stock awards soaring, general counsel at some of the world’s largest companies had a great year in 2012 in terms of compensation. [Corporate Counsel]

    * NYU Law professors want Martin Lipton of Wachtell Lipton to swallow a poison pill and step down from the school’s board of trustees over his ties to the University’s unpopular president. [Am Law Daily]

    * Now that they’ve stopped acting like the doll they were arguing about in court, MGA has put aside its differences with Orrick to amicably settle a fee dispute in the Bratz case. [National Law Journal]

    * Who needs to go on a post-bar vacation when you can take a vacation while you’re studying for the bar? This is apparently a trend right now among recent law school graduates. Lucky! [New York Times]

    * A man puts assets into his pin-up wife’s name on advice of counsel, she files for divorce, and the firm allegedly takes her as a client. This obviously happened in Florida. [Daily Business Review (sub. req.)]

    * David Schubert, the deputy DA who prosecuted Paris Hilton and Bruno Mars, RIP. [Las Vegas Sun]

    4 Comments / / Jul 18, 2013 at 9:05 AM