Michael W Mitchell

November 17, 2022 | Law.com

Common Sense Isn't Dead in Statutory Construction, Even When Statute Is Unambiguous

Fourth 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 Court

The 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 Sales

The 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 Circuit

The 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 Jurisdiction

The 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 Case

Fourth 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 Issue

Fourth 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 Property

Fourth 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 Others

Fourth 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 Award

Parties 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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