BALTIMORE - The 4th Circuit Court of Appeals has for years been considered one of the more right-leaning in the nation, finding that women can be banned from a military institute, that the FDA can't regulate tobacco and that confessions count even when suspects haven't been read their rights, among other conservative opinions. But the 4th Circuit now appears to have taken a left turn.
Since last year, when generic drug makers won a victory on the issue of federal preemption before the U.S. Supreme Court, lower courts have been dismissing cases against generic drug makers left and right. But last week a federal appeals court issued a ruling that gives plaintiffs a long-awaited opening in those suits.
A federal appeals court has denied attorney's fees to an Irish national who took the U.S. government to court in a successful effort to gain American citizenship. Andrew Peter Cody, a 2009 U.S. Naval Academy graduate, did not qualify for the fees under the federal Equal Access to Justice Act because the government's opposition to his naturalization was "not substantially unjustified," the 4th U.S. Circuit Court of Appeals said in upholding a judge's decision.
The U.S. Senate Judiciary Committee on Thursday unanimously approved the nomination of Charleston attorney Stephanie Thacker as a federal appeals court judge, clearing the way for a final vote in the full Senate. Thacker, a Hamlin native, was nominated by President Barack Obama in September to replace the late Judge M. Blane Michael on the Fourth Circuit Court of Appeals.
A challenge to Missouri's practice of lethal injection is moot because the state has run out of the drug used as an anesthetic and can't obtain any more, a federal appeals court said Monday. The suit had been brought by a group of death row inmates who alleged that they suffered a risk of severe pain during executions because the state uses nonmedical personnel to administer the lethal drugs in a manner not approved by the Food and Drug Administration or the drugs' manufacturers.
A federal appeals court has reversed a nearly $66 million judgment against FedEx Corp. in a breach of contract claim lodged by the defunct ATA Airlines. The 7th Circuit U.S. Court of Appeals, in a ruling issued Tuesday, agreed with FedEx's contention that there was no firm contract governing a partnership under which FedEx funneled millions in military transport business to ATA.
A federal appeals court has formally withdrawn its decision declaring unconstitutional ordinances targeting illegal immigrants that were enacted by a Pennsylvania town in 2006. In 2010, the 3rd Circuit decided that federal immigration law preempted ordinances passed by Hazleton, Pa., that authorized the revocation of the business licenses of employers who hire unlawful workers and the imposition of fines on landlords who rent to illegal immigrants.
A federal judge violated a former Hazelwood man's Fifth Amendment right against self-incrimination when the judge instructed a jury that it could consider "any statements made or omitted by the defendant" to decide whether he was a drug dealer, a federal appeals court ruled today. A Pittsburgh jury in May 2009 convicted Michael Tyrone Waller, 26, of Fairmont, W.Va., on three charges: possession of a firearm by convicted felon, possession of heroin with the intent to sell it and possessing a firearm in furtherance of a drug-trafficking crime.
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