Articles Posted in US Court of Appeals for the Fourth Circuit

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The Fourth Circuit affirmed the district court's decision to vacate an arbitration award that the Farm won against a private insurance company that sold federal crop insurance policies to the Farm. The court held that, despite the strong presumption in favor of confirming arbitration awards pursuant to the Federal Arbitration Act (FAA), the insurance company met its heavy burden to prove that the arbitrator exceeded her powers by awarding extra-contractual damages, contrary to both the policy and binding authority from the Federal Crop Insurance Corporation (FCIC). In this case, the arbitrator exceeded her powers by both interpreting the policy herself without obtaining an FCIC interpretation for the disputed policy provisions, and awarding extra-contractual damages, which the FCIC has conclusively stated in multiple Final Agency Determinations could not be awarded in arbitration and can only be sought through judicial review. View "Williamson Farm v. Diversified Crop Insurance Services" on Justia Law

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Petitioner sought relief from the district court's gag order imposing stringent restrictions on participants and potential participants in a series of nuisance suits brought against the hog industry in North Carolina. Determining that a mandamus petition was the appropriate mechanism for challenging the gag order and that the mandamus petition was not moot, the Fourth Circuit held that petitioner met its burden of showing a clear and indisputable right to the requested relief. Applying strict scrutiny, the court held that the gag order breached basic First Amendment principles in both meaningful and material ways. In this case, the gag order harmed petitioner, farmers, and plaintiffs. Accordingly, the court vacated the gag order and allowed the parties to begin anew under the guidelines the court set forth. View "In re: Murphy-Brown, LLC" on Justia Law

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The Animal Welfare Act does not directly address license renewal but does expressly authorize the USDA to promulgate and implement its own renewal standards. PETA filed suit challenging the license renewal process for animal exhibitors promulgated by the USDA through which the USDA may renew such license despite a licensee's noncompliance with the Act. The Fourth Circuit affirmed the district court's grant of the USDA's Rule 12(c) motion for judgment on the pleadings. The court agreed with the Eleventh Circuit that the Act's licensing regulations embody a reasonable accommodation of the conflicting policy interests Congress has delegated to the USDA and were entitled to Chevron deference. View "PETA v. USDA" on Justia Law