Category Archives: US. Court of Appeals for the Fourth Circuit

SCOTUS Opinion: Court Requires More Information Before Resolving “Junk Faxes” Case

The Telephone Consumer Protection Act prohibits “unsolicited advertisements.” The Federal Communications Commission issued an order in 2006 interpreting that term to “include any offer of a free good or service.” However, under the Hobbs Act, the federal courts of appeals have the exclusive jurisdiction to enjoin, set a side, suspend . . ., or to determine the validity... Read More >

Conservation Lawsuit Revived—Whether Act Is Inconsistent With Another Law Does Not Deprive Court Of Jurisdiction

The Fourth Circuit again reversed dismissals under Rule 12(b) in Goldfarb v. Mayor and City Council of Baltimore, in a case regarding contamination claims brought under the Resource Conservation and Recovery Act, 42 USC sec. 6901, et seq. The City of Baltimore gave a parcel of land near the Patapsco River, formerly used for... Read More >