ABA Journal

4th Circuit Court

400 ABA Journal 4th Circuit Court articles.

‘Gruyere’ is generic description of cheese that isn’t eligible for certification mark, appeals court says

The term “gruyere” is a generic description of cheese and can’t be registered with the U.S. Patent and Trademark Office as a certification mark denoting the region where the cheese is produced, a federal appeals court has ruled.

South Carolina laws that prosecute kids for ‘disorderly’ conduct are unconstitutional, 4th Circuit says

A federal appeals court on Wednesday struck down two South Carolina laws that punish elementary and secondary school students who act “disorderly,” use “obscene” language or “act in an obnoxious manner” in or near a school.

State law criminalizing derogatory campaign speech is likely unconstitutional, 4th Circuit rules

A federal appeals court has ruled that a law that bans derogatory speech about political candidates is likely unconstitutional, providing a win for Democratic North Carolina Attorney General Josh Stein.

Passenger had First Amendment right to livestream traffic stop, but officer is protected, 4th Circuit rules

A federal appeals court ruled Tuesday that a car passenger had a First Amendment right to livestream a traffic stop in in Winterville, North Carolina.

11th Circuit upholds school’s ban on transgender students using bathrooms corresponding with gender identity

In a decision that creates a circuit split, a federal appeals court has upheld a Florida school district’s policy that bans transgender students from using bathrooms that correspond with their gender identity.

Federal appeals court considers whether driver has right to livestream traffic stop on Facebook

A federal appeals court is considering whether a Black man who says he broadcasts his interactions with police for his protection had the right to livestream a traffic stop on Facebook.

Federal appeals court bars libel prosecution based on state attorney general’s campaign ad

The campaign organization for North Carolina Attorney General Josh Stein has obtained an injunction that bars a local district attorney from prosecuting people involved in producing a negative advertisement about Stein’s opponent in the 2020 election.

Disability law protects people with gender dysphoria, 4th Circuit rules

A federal appeals court ruled Tuesday that the Americans with Disabilities Act protects people with gender dysphoria, which describes the condition in which a person experiences distress because of a conflict between their biological sex and their gender identity.

Federal judge’s $216K, contingency-fee separation agreement with county leads to public reprimand

A federal judge in South Carolina has received a public reprimand after entering into a separation agreement with his former county employer that paid him for future nonlegal advice and a 1.5% contingency fee for work on opioid litigation.

Retired Judge Luttig explains ‘slow and methodical’ speech during Jan. 6 hearing

Retired Judge J. Michael Luttig has responded to social media speculation about his slow speaking style during testimony Thursday before the House select committee investigating the Jan. 6, 2021, U.S. Capitol riot.

Charter school dress code requiring skirts for girls violates equal protection clause, 4th Circuit rules

An en banc federal appeals court ruled Tuesday that a public charter school in North Carolina violated the equal protection clause when it required girls to wear skirts.

Weekly Briefs: Fish definition includes bees, court says; judge decries ‘fair-weather originalism’

Bees can sometimes be considered fish, court says

Bees can be protected under the California Endangered Species Act because they are invertebrates within the law’s definition of fish, the California…

Second Loss for Rep. Madison Cawthorn: 4th Circuit revives claim that he is an insurrectionist unfit for office

Congress didn’t give amnesty to future insurrectionists who are barred from office under the Constitution’s disqualification clause, a federal appeals court ruled Tuesday.

4th Circuit upholds restrictions on lawyer ads seeking drug and device clients

A federal appeals court has upheld West Virginia’s restrictions on lawyer advertising that seeks clients for litigation involving medication and medical devices.

Federal court officials can be sued for alleged failure to protect public defender from sex bias, 4th Circuit rules

A federal appeals court ruled Tuesday that a former assistant federal public defender in North Carolina can sue court officials for constitutional violations stemming from an alleged faulty investigation of sexual harassment.

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