Tag Archives: Fourth Circuit

Fourth Circuit Holds That “General Merger Rule” of Newly Amended Fed. R. App. P. 3(c)(4) Means That Notice of Appeal of Summary Judgment Confers Appellate Jurisdiction Over an Interlocutory Order Denying Appointment of Counsel

In Jenkins v. Woodard, No. 22-6197 (4th Cir. July 22, 2024), the Fourth Circuit confronts an issue arising under 2021 amendment to Fed. R. App. P. 3: how to apply the new “general merger rule” to a federal notice of appeal that names just the summary judgment order. The amendment of Rule 3 was meantContinue reading “Fourth Circuit Holds That “General Merger Rule” of Newly Amended Fed. R. App. P. 3(c)(4) Means That Notice of Appeal of Summary Judgment Confers Appellate Jurisdiction Over an Interlocutory Order Denying Appointment of Counsel”

Fourth Circuit Holds That It Lacks Appellate Jurisdiction Under Perlman Doctrine to Review Criminal Defendant’s Interlocutory Appeal Concerning a Grand Jury Subpoena

In In re Grand Jury 2021 Subpoenas, No. 22-1654 (4th Cir. Nov. 22, 2023), the Fourth Circuit holds that because of Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009) – which scaled back the collateral-order doctrine as applied to attorney-client privilege – it must reassess the continued viability of the Perlman doctrine (Perlman v.Continue reading “Fourth Circuit Holds That It Lacks Appellate Jurisdiction Under Perlman Doctrine to Review Criminal Defendant’s Interlocutory Appeal Concerning a Grand Jury Subpoena”

Order Denying of Preliminary Injunction “For The Reasons Stated on the Record During the . . . Telephone Conference” Insufficient Under Fed. R. Civ. P. 52(a)(2), Holds Fourth Circuit

In Frazier v. Prince George’s Cnty., Md., No. 23-6359 (4th Cir. Nov. 15, 2023), the Fourth Circuit holds that a judge’s denial of a preliminary injunction that merely cites the “reasons stated” during a telephonic hearing does not meet the standard of Fed. R. Civ. P. 52(a)(2), which requires a statement “of the findings andContinue reading “Order Denying of Preliminary Injunction “For The Reasons Stated on the Record During the . . . Telephone Conference” Insufficient Under Fed. R. Civ. P. 52(a)(2), Holds Fourth Circuit”

Split Fourth Circuit Panel Holds That Fed. R. Civ. P. 52 and 65 Standards for Injunctive Relief Applied to Prohibitory Order Enforcing Settlement Agreement

In Wudi Industrial (Shanghai) Co., Ltd. v. Wai Wong, No. 22-1495 (4th Cir. June 5, 2023), a 2-1 panel of the Fourth Circuit holds that the district court procedurally erred when it ordered a party to a settlement to “immediately cease” certain conduct prohibited by their agreement, holding that the judge was obliged to enterContinue reading “Split Fourth Circuit Panel Holds That Fed. R. Civ. P. 52 and 65 Standards for Injunctive Relief Applied to Prohibitory Order Enforcing Settlement Agreement”

Fourth Circuit Holds That Plaintiffs Should Have Submitted Prejudgment Interest Claim to Jury, Vacating $36 Million Interest Award Entered Post-Trial by District Court

In Gilliam v. Allen, No. 21-2313 (4th Cir. Mar. 8, 2023), while substantially affirming a $62 million compensatory damage verdict (and $13 million in punitive damages) for two plaintiffs who improperly served 31 years in prison, the Fourth Circuit tosses an extra $36 million post-judgment award of prejudgment interest by the district court, holding thatContinue reading “Fourth Circuit Holds That Plaintiffs Should Have Submitted Prejudgment Interest Claim to Jury, Vacating $36 Million Interest Award Entered Post-Trial by District Court”

Fourth Circuit Joins First and Eleventh in Holding That a Disabled Tester Incurs an Informational Injury When Denied Access to Information on a Hotel Website, Creating Article III Standing

In Laufer v. Naranda Hotels, LLC, No.20-2348 (4th Cir. Feb. 15, 2023), the Fourth Circuit holds that a disabled customer had Article III standing to pursue her ADA claim against a Baltimore, MD hotel with an allegedly non-compliant website. I previously discussed this issue in a October 5, 2022 blog entry. “According to [her] Complaint,Continue reading “Fourth Circuit Joins First and Eleventh in Holding That a Disabled Tester Incurs an Informational Injury When Denied Access to Information on a Hotel Website, Creating Article III Standing”

En Banc Fourth Circuit Clarifies That Order of Dismissal Without Prejudice but No Leave to Amend Is Appealable “Final Order” Under 28 U.S.C. § 1291

In Britt v. DeJoy, No. 20-1620 (4th Cir. Aug. 17, 2022), the unanimous en banc Fourth Circuit abandons a case-by-case approach to finality under 28 U.S.C. § 1291 and adopts a bright-line rule that “[w]hen a district court dismisses a complaint or all claims without granting leave to amend, its order is final and appealable.”Continue reading “En Banc Fourth Circuit Clarifies That Order of Dismissal Without Prejudice but No Leave to Amend Is Appealable “Final Order” Under 28 U.S.C. § 1291”

District Court Has No Discretion to Vacate a Partial Verdict Because It Is Supposedly “Irreconcilably Inconsistent” With A Hung Jury on Another Count, Holds Fourth Circuit

In Jordan v. Large, No. 19-7855 (4th Cir. Mar. 4, 2022), the Fourth Circuit holds that the district court erred when it vacated a partial verdict in favor of a prisoner-plaintiff because it was supposedly “irreconcilably inconsistent” with the jury’s inability to reach a verdict on another count. Plaintiff, “a prisoner in Red Onion StateContinue reading “District Court Has No Discretion to Vacate a Partial Verdict Because It Is Supposedly “Irreconcilably Inconsistent” With A Hung Jury on Another Count, Holds Fourth Circuit”

Parents of Children with Disabilities Obtain Conflicting Standing Rulings in the Fourth and Eighth Circuits While Challenging State Mask-Mandate Bans in Schools

Two circuits reach different results on standing to bring an injunctive action against the governors of states that banned local school districts from imposing COVID-19 pandemic mask-mandates for students and staff. In both cases, parents and associations challenged the state-level bans under federal statutory law: the Americans with Disabilities Act (ADA) and the Section 504Continue reading “Parents of Children with Disabilities Obtain Conflicting Standing Rulings in the Fourth and Eighth Circuits While Challenging State Mask-Mandate Bans in Schools”

Fourth Circuit Holds That District Court Had Subject-Matter Jurisdiction Over Complaint with Pseudonymous Plaintiff

In B.R. v. F.C.S.B., No. 21-1005 (4th Cir. Nov. 2, 2021), the Fourth Circuit accepts an interlocutory appeal under 28 U.S.C. § 1292(b) and holds that a federal court has subject-matter jurisdiction over a claim despite not knowing the plaintiff’s true name. A plaintiff – named “Kate” in the opinion – “commenced this action byContinue reading “Fourth Circuit Holds That District Court Had Subject-Matter Jurisdiction Over Complaint with Pseudonymous Plaintiff”