Rosetta Stone case against Google may go to trial
BY: Associated Press
POSTED: April 9, 2012
Tags: 4th u.s. circuit court of appeals, adwords, court, google, lawsuit, rosetta stone, software, trademarks, trial
RICHMOND, Va. — Foreign language education company Rosetta Stone’s lawsuit against Google over use of trademarks in its advertising search terms may be headed to trial. That’s after a three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond on Monday sent the case back to the lower court. Rosetta Stone had sued [...]
Opinions – 4/9/12: 4th U.S. Circuit Court of Appeals 
BY: Daily Record Staff
POSTED: April 8, 2012
Tags: 4th u.s. circuit court of appeals, Bankruptcy Law, disposable income, opinions
Bankruptcy Law Disposable income BOTTOM LINE: When a bankruptcy court calculates a debtor’s projected disposable income, the court may account for changes in the debtor’s income or expenses that are known or virtually certain at the time of confirmation, and district court therefore erred in ruling that determination of Chapter 13 bankruptcy debtor’s projected disposable [...]
4th Circuit restores state law on repo notices
BY: Kristi Tousignant
POSTED: April 8, 2012
Tags: 4th u.s. circuit court of appeals, Baltimore, Epps v. JP Morgan Chase Bank N.A. and Chase Auto Finance, JP Morgan Chase Bank and Chase Auto Finance, Maryland Credit Grantor Closed End Credit Provisions, notices, repo, united states
Maryland has the right to regulate the notices lenders send to borrowers before they repossess goods bought on retail sales installment contracts, the 4th U.S. Circuit Court of Appeals held. Last week’s decision vacated a ruling by a federal judge in Baltimore, who said the National Banking Act pre-empted the notice requirements in the Maryland [...]
Opinions – 4/2/12: 4th U.S. Circuit Court of Appeals
BY: Daily Record Staff
POSTED: April 1, 2012
Tags: 4th u.s. circuit court of appeals, constitutional law, Lefemine v. Wideman, opinions, qualified immunity
Constitutional Law Qualified immunity BOTTOM LINE: Defendant employees of county sheriff’s department were entitled to qualified immunity from liability for violation of anti-abortion organization’s First Amendment rights by requesting protesting organization to remove graphic anti-abortion signs, because it was not objectively unreasonable for defendants to believe that they could allow organization to continue its protest [...]
Opinions – 3/26/12: 4th U.S. Circuit Court of Appeals
BY: Daily Record Staff
POSTED: March 25, 2012
Tags: 4th u.s. circuit court of appeals, insurance law, maryland, opinions
Insurance Law Coverage limited to time on risk BOTTOM LINE: Insurer was liable for only 40 percent of damages assessed against the insured property owner/manager in a lead-poisoning case, because only 22 of the 55 months of plaintiff’s exposure fell within the policy period, and an insurance company cannot be held liable for periods of [...]
Federal appeals court hears pregnancy counseling center free-speech claims
BY: Associated Press
POSTED: March 23, 2012
Tags: 4th u.s. circuit court of appeals, abortion, archbishop of baltimore, centro tepeyac women's center, church, clifford royalty, free speech, greater baltimore center for pregnancy concerns, hearing, Judge Paul V. Niemeyer, Montgomery County, oral arguments, pregnancy counseling center, unconstitutional
Comments: 1
RICHMOND, Va. — A federal appeals court heard arguments Friday on whether it’s unconstitutional for two Maryland communities to require anti-abortion pregnancy counseling centers to post signs stating that they do not provide medical services. Lawyers for the city of Baltimore and Montgomery County urged a three-judge panel of the 4th U.S. Circuit Court of [...]
Opinions – 3/19/12: 4th U.S. Circuit Court of Appeals
BY: Daily Record Staff
POSTED: March 18, 2012
Tags: 4th u.s. circuit court of appeals, Bankruptcy Law, class actions, Gentry v. Siegel, lawsuit, maryland, opinions
Bankruptcy Law Class actions BOTTOM LINE: With regard to former employees’ attempted class action lawsuit for unpaid wages from corporation which filed petition for bankruptcy, district court did not abuse its discretion in concluding that bankruptcy process for handling creditor claims against corporation on an individual basis was superior to class action process. CASE: Gentry [...]
Opinions – 3/12/12: 4th U.S. Circuit Court of Appeals
BY: Daily Record Staff
POSTED: March 11, 2012
Tags: 4th u.s. circuit court of appeals, maryland, opinions
Immigration Law Moral character BOTTOM LINE: Even though resident’s conviction for distribution of cocaine in a drug-free zone was “set aside” pursuant to D.C. Youth Rehabilitation Act following resident’s successful completion of his probationary period, Citizenship and Immigration Services properly denied resident’s naturalization application based on prior conviction, because conviction was set aside on rehabilitative [...]
Opinions – 3/5/12: 4th U.S. Circuit Court of Appeals
BY: Daily Record Staff
POSTED: March 4, 2012
Tags: 4th u.s. circuit court of appeals, constitutional law, maryland, opinions, right to bear arms
Constitutional Law Right to bear arms BOTTOM LINE: Criminal statute prohibiting a felon from possessing a firearm was constitutional on its face and as applied to defendant who had multiple criminal convictions for common-law robbery and assault with a deadly weapon, because defendant did not fall within category of responsible, law-abiding citizens protected under the [...]
Opinions: 2/21/12: 4th U.S. Circuit Court of Appeals
BY: Daily Record Staff
POSTED: February 20, 2012
Tags: 4th u.s. circuit court of appeals, maryland, opinions
Civil Procedure Attorneys’ Fees BOTTOM LINE: Although defendant prevailed against EEOC in lawsuit alleging violations of Title VII of Civil Rights Act, district court properly denied defendant’s motion for attorneys’ fees because the court reasonably determined that EEOC’s claim was not frivolous, unreasonable, or groundless. CASE: Equal Employment Opportunity Commission v. Great Steaks, Incorporated, No. [...]
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