Michael W Mitchell
November 17, 2022 | Law.com
Common Sense Isn't Dead in Statutory Construction, Even When Statute Is UnambiguousFourth Circuit predicts how North Carolina Supreme Court would interpret notice requirement in insurance statute, emphasizing legislative purpose.
By Michael W. Mitchell, Edward Roche and Shameka Rolla
5 minute read
September 12, 2022 | Law.com
Not Playing Games: Trademark Dispute Between Gaming Equipment Rivals Reaches Federal Appeals CourtThe dispute illustrates the complex challenges trademark litigants can face, even after agreeing to coexist.
By Michael W. Mitchell, Edward Roche and Phil Cardinale
7 minute read
July 19, 2022 | Law.com
Alcohol Regulation Holds Special Place in US Constitution: Fourth Circuit Reviews State Ban on Direct-to-Consumer Wine SalesThe decision examines two overlapping constitutional issues: the effect of the "dormant Commerce Clause" on state regulation of commerce, and states' ability to regulate alcohol sales under the Twenty-First Amendment.
By Michael W. Mitchell and Edward Roche, Smith Anderson
5 minute read
May 11, 2022 | Law.com
Marriott Investor's Security Fraud Claims Arising from Data Breach Rejected by Fourth CircuitThe Fourth Circuit dismissed an investor's lawsuit against a hotel chain that had been subject to a data breach, ruling that the company had not made false or misleading public statements about its protection of customer data, its privacy practices, or its cybersecurity risks.
By Michael W. Mitchell, Edward Roche and Mark M. Rothrock, Smith Anderson
6 minute read
March 15, 2022 | Law.com
Two Cases Involving Personal Vehicles Lead the Way on Personal JurisdictionThe law on specific personal jurisdiction is difficult to apply. This case—likely to be one of many such examples—shows why.
By Michael W. Mitchell and Edward Roche
8 minute read
January 13, 2022 | Law.com
Fourth Circuit Explores 'Scienter' Requirement in Securities Fraud CaseFourth Circuit undertakes a close factual analysis to determine whether shareholders had shown that a company and its executives aimed to mislead shareholders by overstating the company's financial prospects.
By Michael W. Mitchell and Edward Roche
6 minute read
November 18, 2021 | Law.com
Be Careful What You Include in a Settlement: 4th Circuit Blocked Future Litigation on a Related IssueFourth Circuit decision reminds litigants that settlement agreements can have far-reaching effects on the relationship between the parties.
By By Michael W. Mitchell and Edward Roche
5 minute read
September 10, 2021 | Law.com
Fourth Circuit Rejects Federal Jurisdiction Over Claim Against State for Loss of Private PropertyFourth Circuit decision analyzes sovereign immunity as it applies to Takings Clause claims.
By Michael W. Mitchell and Edward Roche
6 minute read
July 07, 2021 | Law.com
Misclassifying Claims Can Lead to ERISA Liability for Administrators and OthersFourth Circuit ruling highlights potential liability for several parties in the employee benefits field.
By Michael W. Mitchell and Edward Roche
7 minute read
May 11, 2021 | Law.com
Fourth Circuit Stays Away from Reviewing Arbitration AwardParties to arbitration agreements can, to a degree, control the amount of judicial review. A recent decision shows the various levels of judicial involvement to which parties can agree, and highlights the need for precision in arbitration agreements.
By Michael W. Mitchell and Edward Roche
7 minute read
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