Parts of Highway 4 are less than two lanes wide so pay close attention to oncoming traffic. This pass is closed in winter.
#SierraPasses #SierraMountainPasses #ca4 #hopevalley #ebbettspass
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I wonder how the Fourth Circuit will proceed with the DOJ’s appeal in Comey and James. Will C + J argue it’s moot? The last docket entry shows a briefing schedule has been set. I wonder how that will then affect the bigger PAS-USAO picture. 🤔
#CA4 #CA3
storage.courtlistener.com/recap/gov.us...
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Font-heads take note: #CA4 just posted a Notice advising its preference for Times New Roman, Century Schoolbook, and Georgia. “The Court discourages the use of Garamond, which appears smaller and lighter than the preferred typefaces.” #appellatesky #skyappellate
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Next I talked with my colleague Trevor Cox, who formerly served as Virginia’s Deputy and then Acting SG. Trevor talked about his path to appellate work, lessons learned in #CA4, and why he had to hightail it out of DC immediately after his first #SCOTUS argument.
podcasts.apple.com/us/podcast/h...
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I was lucky enough to talk with one of the country’s foremost experts in judicial selection, University of Richmond law professor Carl Tobias. Prof. Tobias and I discussed the judicial selection process and how #CA4 has been shaped by different administrations.
podcasts.apple.com/us/podcast/h...
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This interview with William & Mary Law professor Alli Larsen was really fascinating. We discussed her article “Circuit Personalities,” which studies the unique traditions and norms among regional circuits, and we exchanged thoughts on what makes #CA4 special.
podcasts.apple.com/us/podcast/h...
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First, I interviewed my friend, mentor, and practice group chair Elbert Lin. We talked about his time as West Virginia’s first Solicitor General, what SGs do, and the difference between #SCOTUS, #CA4, and #WVSCA arguments.
podcasts.apple.com/us/podcast/h...
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This seems like an opportune time and place to re-up the appellate podcast I host with special focus on #CA4, punningly called “Holding Fourth.” We’ve produced 5 episodes so far, which I’ll link to below. They’ve been tremendous fun to put out.
podcasts.apple.com/us/podcast/h...
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A little authorial flare from Judge Richardson one of today's three published #CA4 opinions. The Court finds no breach of fiduciary duty when directors sold a company in a way that eventually made preferred stock worthless.
https://www.ca4.uscourts.gov/opinions/231905.P.pdf
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No published opinions from the Fourth Circuit #CA4 today, but we did get my favorite kind of unpublished opinion: an order certifying an insurance question to state court!
https://www.ca4.uscourts.gov/opinions/221129R1.U.pdf
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Today from the Fourth Circuit #CA4: A criminal antitrust claim should have been dismissed, because the conduct should have attracted rule-of-reason analysis, not per se analysis. This was a fun one for me; I love antitrust.
https://buff.ly/3N5pyKz
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Today from the Fourth Circuit #CA4: "Bloody Razor" committed a "crime of violence."
https://www.ca4.uscourts.gov/opinions/217257.P.pdf
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One opinion from #CA4 today, imposing some pretty draconian appellate jurisdiction rules on unlawfully reentrants. Judge Floyd concurs, encouraging en banc review of the issue in light of Santos-Zacaria v. Garland.
https://www.ca4.uscourts.gov/opinions/221221.P.pdf
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#CA4 Published Ops
1. CAIR loses on Q.I. but wins vacatur on attorneys' fees. https://www.ca4.uscourts.gov/opinions/221826.P.pdf
2. McArthur Justice wins: W.V. inmates may sue the IRS collectively. https://www.ca4.uscourts.gov/opinions/226401.P.pdf
3. Civ. Rts. Corps wins: Loss...
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Three published opinions from the Fourth Circuit #CA4 today. One is on an arbitration agreement and FLSA claims; one rejects an environmental activist's Clean Water Act claims; and one is a HUGE win for civil rights firms on prevailing party...
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For those following the West Virginia pipeline case that got recent shadow docket attention:
[@AudioArguendo] Appalachian Voices v. DOI, Case No. 23-1384 (#CA4)
podcastaddict.com/audio-arguendo/episode/1...
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Coming soon to a cert. petition near you: The Fourth Circuit #CA4 (2-1) splits with the Fifth, holding when someone's asylum status is terminated, they are no longer "any alien granted asylum."
https://www.ca4.uscourts.gov/opinions/221322.P.pdf
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Today's only published opinion from the Fourth Circuit #CA4 affirms an FLSA overtime decision. It includes maybe the best use of the word "undaunted" in the Federal Reporter. https://www.ca4.uscourts.gov/opinions/211897.P.pdf
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Also today in #CA4: A 2-1 split over this @GuptaWessler appeal in an ERISA case, with @omelvenymyers winning affirmance. Judge King would hold that the consulting company breached its duty of loyalty.
https://www.ca4.uscourts.gov/opinions/212267.P.pdf
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Today from the Fourth Circuit #CA4: a 2-1 split over whether a pro se litigant timely appealed. Judge Gregory finds the dismissal of the appeal "formalistic and hollow."
https://www.ca4.uscourts.gov/opinions/201766.P.pdf
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Three published opinions from the Fourth Circuit #CA4 today. First, the court keeps alive this effort by a Chinese student to avoid deportation. The student alleges he was imprisoned and beaten in China because of his religion.
https://www.ca4.uscourts.gov/opinions/211371.P.pdf
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The only published opinion from the Fourth Circuit #CA4 today is an amendment of its June 30 decision in Palmer v. Liberty University, Inc. I hadn't noticed before who wrote the amicus contending that Liberty gets the ministerial exception:
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For a bit of good news: The Fourth Circuit Judicial Conference has not kept #CA4 from issuing three published decisions today. First up: The Court affirms this whistleblower protection decision by the Department of Labor. https://www.ca4.uscourts.gov/opinions/211797.P.pdf
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Today, the Fourth Circuit #CA4 published its opinion in Geiger v. Zurich American Insurance Company. Me, an insurance coverage lawyer, seeing the caption:
https://www.ca4.uscourts.gov/opinions/221519.P.pdf
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Also published today from the Fourth Circuit #CA4: the rare vacatur of an arbitral award, where the arbitrator ignored relevant procedural rules.
https://www.ca4.uscourts.gov/opinions/221268.P.pdf twitter.com/JoeDudekJD/status/166941...
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Four published opinions from #CA4 today (https://www.ca4.uscourts.gov/opinions/daily-opinions including this Maryland habeas case argued with student counsel from Georgetown (@ImmersionClinic?): https://www.ca4.uscourts.gov/opinions/197638.P.pdf
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Today from the Fourth Circuit #CA4: This professor of sexuality was disciplined for sexually harassing students. The discipline didn't violate Title IX, the applicable Due Process Clause, or the First Amendment.
https://www.ca4.uscourts.gov/opinions/201509.P.pdf
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No published opinions from the Fourth Circuit #CA4 today; just a relatively standard batch of Friday affirmances, dismissals, and denials.
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