Litigation

Recent Posts

Williams Mullen: The Emerging Frontiers For Equitable Remedies Under ERISA In The 4th Circuit: Moon v. BWX Technologies
Posted on 21 Dec 2012 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw The U. S. Court of Appeals for the Fourth Circuit continues to build out the boundaries of ERISA's equitable remedies, which have expanded in the Fourth Circuit in the wake of the U. S. Supreme Court's decision... Read More

U.S. High Court Majority Upholds State's Immunity From Employee's Bias Suit
Posted on 20 Mar 2012 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) A state employee is blocked by sovereign immunity from recovering damages from his state employer for claims of discrimination brought under the self-care provision of the Family and Medical Leave Act (FMLA), a split... Read More

Wachovia Shareholder Gets a Lump of Coal From 4th Circuit
Posted on 10 Jan 2012 by Mack Sperling

The Fourth Circuit delivered a lump of coal right before Christmas to a Wachovia shareholder whose 100,000 shares of the Bank's stock, once worth about $5.6 million, sank into near worthlessness when Wachovia failed. The case, decided December 23rd... Read More

Virginia Petitions High Court Over Dismissal Of Challenge To Health Care Act
Posted on 3 Oct 2011 by Cheryl Keely

WASHINGTON, D.C. - (Mealey's) The Commonwealth of Virginia on Sept. 30 filed a petition for writ of certiorari with the U.S. Supreme Court, saying that the Fourth Circuit U.S. Court of Appeals erred in finding that Virginia lacked standing to challenge... Read More

4th Circuit Considers If Dismissal Of Health Care Law Challenge Appropriate
Posted on 11 May 2011 by Cheryl Keely

RICHMOND, Va. - (Mealey's) A group of plaintiffs in Virginia, including a private Christian university, argued before the Fourth Circuit U.S. Court of Appeals on May 10 that a lower court erred in finding that Congress acted within its power in enacting... Read More

Williams Mullen: 4th Circuit Holds That Plan Administrators' Alleged Fiduciary Breach Based On 401(k) Plans' Fund Selection Is Time-Barred
Posted on 23 Jan 2013 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw The Fourth Circuit rejected the claims of a putative class action brought on behalf of participants of two retirement plans sponsored by Bank of America. In David v. Alphin , No. 11-2181 (4th Cir. Jan. 14, 2013... Read More

4th Circuit: Court Lacks Jurisdiction To Hear Challenge To Health Care Act
Posted on 9 Sep 2011 by Cheryl Keely

RICHMOND, Va. -- In a divided opinion, the majority of Fourth Circuit U.S. Court of Appeals panel on Sept. 8 held that the Anti-Injunction Act strips the court of jurisdiction to hear a challenge to the Patient Protection and Affordable Care Act (PPACA... Read More

U.S. High Court Won’t Hear Arguments That Punitives Are Preempted In Drug Cases
Posted on 7 Oct 2013 by Tom Moylan

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 7 refused to hear arguments by Novartis Pharmaceuticals Corp. that federal drug regulations and high court precedent preempt the awarding of state law punitive damages in an Aredia... Read More

Mack Sperling: The 4th Circuit On Recusals And Pro Hac Vice Admissions
Posted on 20 May 2011 by Mack Sperling

We all sometimes say things that we are sorry to have said. Even judges. Those types of statements by a District Court Judge in South Carolina, which the Fourth Circuit called "neither wise nor temperate" were the subject of a recusal motion... Read More

Company, Government Tell High Court That Landowners’ Claims Are Time-Barred
Posted on 24 Apr 2014 by Shane Dilworth

WASHINGTON, D.C. — (Mealey’s) Attorneys for CTS Corp. and the U.S. Department of Justice told the U.S. Supreme Court April 23 that a Fourth Circuit U.S. Court of Appeals ruling reinstating a lawsuit brought by landowners asserting claims under... Read More

Williams Mullen LLP: 4th Circuit Upholds Plan Administrator's Interpretation To Deny Disabled Doctor's Benefits Claim
Posted on 24 Jan 2012 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw The U. S. Court of Appeals for the Fourth Circuit upheld a plan administrator's interpretation of a long term disability plan and affirmed the denial of a disabled physician's claim for benefits in Fortier... Read More

4th Circuit Affirms Directed Verdict In 1st Ethicon Pelvic Mesh MDL Trial
Posted on 3 Mar 2015 by Tom Moylan

RICHMOND, Va. — (Mealey’s) The Fourth Circuit U.S. Court of Appeals on March 2 affirmed a directed defense verdict last year in the first Ethicon pelvic mesh multidistrict litigation trial ( Carolyn Lewis, et al. v. Johnson & Johnson,... Read More

Norton Rose Fulbright: CERCLA's Federal Discovery Rule Does Not Preempt State Statutes Of Repose
Posted on 7 Jul 2014 by Norton Rose Fulbright

By Janet L. McQuaid , Michael P. Gaetani , Joshua Snyder , and Jennifer Blair Caplan . . . [T]he United States Supreme Court held in CTS Corp. v. Waldburger 1 that Section 9658 of CERCLA 2 does not preempt state statutes of repose that set a time frame... Read More

Williams Mullen - McCravy v. Metropolitan Life Insurance Co.: Recognizing A Broader Scope for ERISA's Equitable Remedies
Posted on 1 Aug 2012 by Williams Mullen

By Mark S. Thomas and Robert W. Shaw The Fourth Circuit has reversed an earlier position and now recognizes a broader scope for equitable remedies available to ERISA plaintiffs following the U. S. Supreme Court's decision in CIGNA Corp. v. Amara... Read More

4th Circuit Considers Whether Individual Mandate Unconstitutional
Posted on 10 May 2011 by Cheryl Keely

RICHMOND, Va. - (Mealey's) The federal government argued before a panel of the Fourth Circuit U.S. Court of Appeals on May 10 that a district court judge erred in finding that the individual mandate contained in the Patient Protection and Affordable... Read More