With Md. laws in their sights, gun rights advocates hail high court’s ruling
The Supreme Court’s decision has emboldened Maryland gun rights advocates in their pending Second Amendment challenges to the state’s handgun permitting and licensing requirements.
Law Digest — 4th Circuit, Court of Appeals, Court of Special Appeals — June 16, 2022
U.S. Court of Appeals for the 4th Circuit Bankruptcy; dischargeability: Where the bankruptcy code provides that small business debtors are not entitled to discharge certain categories of debt, including debts “for willful and malicious injury by the debtor to another entity or to the property of another entity,” the debtor couldn’t discharge a $4.7 million […]
Law Digest — 4th US Circuit, Md. Court of Special Appeals — March 3, 2022
U.S. Court of Appeals for the 4th Circuit Consumer Protection; RESPA: Where a borrower’s letter to his loan servicer included the name, account number and other information that would enable the servicer to identify the account, and it explained why the borrower believed the account was in error, it constituted a qualified written request, or […]
Federal appeals court will consider Maryland’s ‘puppy mill’ ban
A dispute over Maryland's ban on retail dog sales is headed to the 4th U.S. Circuit Court of Appeals.
4th Circuit goes 0-for-3 at Supreme Court in 2020-21 term
The intermediate U.S. appeals court that reviews federal cases from Maryland and four nearby states batted .000 at the Supreme Court this past term.
Federal HIPAA does not create private right of action, 4th Circuit says
Where an inmate’s doctor disclosed his HIV status to others within earshot of their conversation, the man does not have a private right of action based on the federal medical privacy law, the 4th U.S. Circuit Court of Appeals has ruled in an issue of first impression. The 4th Circuit joined other circuits in finding […]
4th Circuit blocks abortion referral restrictions in Md.
A federal appeals court on Thursday permanently blocked the Trump administration’s rules preventing doctors and other medical providers who receive government funding from referring patients for abortion services. In its divided ruling, which applies statewide in Maryland, the full U.S. Court of Appeals for the 4th Circuit said the administration “failed to recognize and address [&hell[...]
4th Circuit bats .500 at Supreme Court, strikes out in ‘Peace Cross’
The intermediate U.S. appeals court that reviews federal cases from Maryland and four nearby states batted .500 at the Supreme Court this past term. The 4th U.S. Circuit Court of Appeals most notably struck out when the justices overturned its ruling that a cross erected as a war memorial on public land in Bladensburg violates […]
Reversing course, 4th Circuit OKs some mortgage cramdowns
RICHMOND — Overruling 22 years of precedent, the en banc 4th U.S. Circuit Court of Appeals has ruled that Chapter 13 debtors may divide some undersecured home mortgage loans into secured and unsecured claims and “cram down” the unsecured portion of such loans. The decision, Hurlburt v. Black, reverses a 1997 opinion, Witt v. United […]
Despite opposition, Rushing confirmed to 4th US Circuit
The Senate voted Tuesday to confirm a 37-year-old Washington lawyer whose nomination drew vociferous opposition from LGBTQ and some civil rights groups to a seat on the 4th U.S. Circuit Court of Appeals. Allison Rushing, a partner at Williams and Connolly who President Donald Trump nominated in August, was confirmed by a vote that split […]
Supreme Court hears arguments on 40-foot ‘Peace Cross’ memorial
WASHINGTON – Attorneys defending a 40-foot cross erected as a war memorial on public land in Bladensburg told a seemingly divided U.S. Supreme Court on Wednesday that the monolith does not violate the constitutional separation of church and state, as a lower court has ruled. The cross, though associated with Christianity, serves “an independent secular […]
Freddie Gray officers appeal dismissal of lawsuit against sheriff’s office member
Two of the officers prosecuted for Freddie Gray's arrest and death are appealing the dismissal of their lawsuit against the member of the Baltimore Sheriff's Office that signed the application for charges against them.