The Compass

The Compass

Charting Business and Technology Litigation in North Carolina and the Fourth Circuit

Category Archives: Fourth Circuit

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Fourth Circuit Rejects Broad Reading of Arbitration Ban in Dodd-Frank

Posted in Arbitration, Contracts, Fourth Circuit, Uncategorized
In a variation on a familiar refrain, the Fourth Circuit recently upheld the enforceability of another arbitration provision under the Federal Arbitration Act (“FAA”) in Santoro v. Accenture Federal Services, LLC. This time, the plaintiff attempted to escape arbitration by relying on restrictions in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”)… Continue Reading

Fourth Circuit Weighs in on Supreme Court’s Class Action Decision in Walmart v. Dukes–or Does It?

Posted in Class Actions, Federal Rules of Civil Procedure, Fourth Circuit
In the Fourth Circuit’s recent decision in Scott v. Family Dollar Stores, the concurrence and dissent sharply disagreed about the significance of the majority opinion.  Depending on which opinion you read, Family Dollar is either a sweeping reinterpretation of the Supreme Court’s class action decision in Wal-Mart v. Dukes or a narrow holding reiterating the… Continue Reading

Fourth Circuit Gives Mayweather a Knock-Out on Flawed Damages Evidence

Posted in Copyright, Fourth Circuit
Undefeated welterweight boxer Floyd Mayweather, Jr. has added to his string of victories, with his most recent win coming from the Fourth Circuit in the decision Dash v. Mayweather.  In its decision, the Fourth Circuit provided noteworthy guidance to copyright litigants regarding the sufficiency of expert damages testimony. In 2009, Mayweather was sued by music… Continue Reading

Fourth Circuit Decision Highlights Risk of Personal Liability for Copyright Infringement

Posted in Copyright, Fourth Circuit
A company gets hit with a lawsuit for copyright infringement and loses.  If the owner is later sued personally, will she get another shot at her defense? Maybe not. In 2010, the Fourth Circuit issued a major copyright decision holding that a decorative furniture design was subject to copyright protection and affirming an $11 million… Continue Reading

The Gamble That Didn’t Pay Off: You Have Only One Chance to Get Into Federal Court

Posted in Federal Rules of Civil Procedure, Fourth Circuit
In a race to the courthouse, your opponent files first in a distant state court. You want to be in federal court—but preferably in your home district, not in your opponent’s district. Do you gamble and file a competing federal suit in your backyard—hoping that your later filed suit will get to verdict first—or take… Continue Reading

Don’t Want To Arbitrate? Pay Attention To All Of Your Contract

Posted in Arbitration, Contracts, Fourth Circuit
You are a business.  You sign a two page purchase order contract that references additional “terms and conditions” on the “following pages,” but there are no following pages.  You believe that language is boilerplate and of no specific meaning, but you do not inquire further.  Think that an arbitration clause contained in those referenced but… Continue Reading
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