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.

Mar 9, 2023 8:59 AM CST

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.

Feb 23, 2023 3:22 PM CST

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.

Feb 9, 2023 1:44 PM CST

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.

Feb 9, 2023 10:51 AM CST

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.

Jan 4, 2023 10:10 AM CST

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.

Dec 6, 2022 9:26 AM CST

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.

Aug 24, 2022 12:49 PM CDT

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.

Aug 17, 2022 12:15 PM CDT

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.

Aug 1, 2022 10:22 AM CDT

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.

Jun 21, 2022 9:42 AM CDT

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.

Jun 15, 2022 9:04 AM CDT

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…

Jun 10, 2022 11:56 AM CDT

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