Located just steps from Hunton Andrews Kurth LLP’s Richmond office, the US Court of Appeals for the Fourth Circuit hears appeals from federal courts in Maryland, Virginia, West Virginia, North Carolina, and South Carolina. It is among the fastest-moving federal appellate courts in the country with one of the lowest rates of reversal by the US Supreme Court. Unlike other federal appellate courts, the Fourth Circuit hears oral argument in only about 11 percent of the cases before it. When oral argument is granted, the Fourth Circuit does not disclose the identities of the judges assigned to the case until the day of the argument. 

As part of the firm’s nationally recognized Issues and Appeals practice, Hunton has a deep bench of Fourth Circuit advocates. Our firm has represented parties before the Fourth Circuit in hundreds of cases. Since 2010, our advocates have collectively presented oral argument in more than 60 appearances before the Fourth Circuit, including 3 en banc arguments. Our experience in the Fourth Circuit runs the gamut of legal issues, including antitrust, complex business disputes, environmental regulations, labor and employment, products liability, the First Amendment, criminal law, and constitutional challenges to state and federal statutes.

Members of our team include the former Solicitor General of West Virginia, the former Acting Solicitor General of Virginia, and several attorneys who were judicial clerks on the Fourth Circuit. As a result, Hunton advocates have experience making arguments to and framing issues for the members of the court. Hunton’s Fourth Circuit advocates also include attorneys who have argued before the US Supreme Court, which brings additional important perspective to making arguments and responding to decisions by the court of appeals.

• West Virginia v. EPA, 90 F.4th 323 (4th Cir. 2024) (obtained stay of EPA rule under Clean Air act on behalf of State of West Virginia)
• Young v. SWN Prod. Co., LLC, No. 22-2050, 2024 WL 1990936 (4th Cir. May 6, 2024) (obtained dismissal for lack of appellate jurisdiction of Rule 54(b) order that failed to dispose of a “claim” and failed to expressly determine there was “no just reason for delay”)
• Stinnie v. Holcomb, 37 F.4th 977 (4th Cir. 2022) (represented Commonwealth of Virginia in matter concerning whether plaintiffs obtaining a limited preliminary injunction but not a final judgment on the merits before voluntarily dismissing case as moot are prevailing parties entitled to attorney fees under Section 1988), rev’d, 77 F.4th 200 (4th Cir. 2023) (en banc), cert. granted sub nom. Lackey v. Stinnie, No. 23-621, 2024 WL 1706013 (U.S. Apr. 22, 2024)
• Coal. for TJ v. Fairfax Cnty. Sch. Bd., 68 F. 4th 864 (4th Cir. 2023), cert. denied, No. 23-170, __ S. Ct. __ (Feb. 20, 2024) (successfully defended school admissions process against Equal Protection Clause challenge)
• Blankenship v. NBCUniversal, LLC, et al., 60 F.4th 744 (4th Cir. 2023) (defended news organization against claim of defamation by former candidate for US Senate)
• Dewberry Engineers Inc. v. Dewberry Group, Inc., ,77 F.4th 265 (4th Cir. 2023) (obtained affirmance of permanent injunction and multi-million-dollar damages and fee award in trademark infringement case)
• Ramaco Resources, LLC v. Federal Insurance Company, 74 F.4th 255 (4th Cir. 2023) (obtained decision restoring multi-million-dollar insurance verdict on ground that district court misinterpreted policy language in amending the jury verdict)
• Steven Recht v. Patrick Morrisey, 32 F.4th 395 (4th Cir. 2022) (successfully argued on behalf of amicus curiae US Chamber of Commerce in defending constitutionality of West Virginia law that prohibits attorneys from making certain misleading statements and suggestions about medications in legal advertisements)
• Connor v. Covil Corporation, 996 F.3d 143 (4th Cir. 2021) (obtained affirmance in case adopting significant new guidance on question of substantial-factor causation in mesothelioma cases)
• Steves and Sons, Inc. v. Jeld-Wen, Inc., 988 F.3d 690 (4th Cir. 2021) (won affirmance of first-ever district court opinion ordering divestiture at the request of a private party under the Clayton Act)
• United States v. Loughry, 837 F. App’x 251 (4th Cir. 2021) (en banc) (won en banc review and argued to a 6-6 tie on question of jury exposure to social media during trial)
• Young v. Equinor USA Onshore Properties, Inc., 982 F.3d 201 (4th Cir. 2020) (won landmark victory for oil and gas industry in West Virginia concerning interpretation of long-standing state court precedent)
• Stewart v. Iancu, 912 F.3d 693 (4th Cir. 2019) (won pro bono appeal holding that Title VII’s 180-day waiting period is not a jurisdictional rule)
• Kerpen v. Metro. Wash. Airports Auth., 907 F.3d 152 (4th Cir. 2018) (affirming dismissal of various constitutional and statutory challenges to project extending Metrorail to Dulles International Airport)
• Lund v. Rowan Cty., N.C., 863 F.3d 268 (4th Cir. 2017) (en banc) (argued on behalf of 13 states as amici curiae on question of first impression concerning constitutionality of exclusively lawmaker-led legislative prayer at a county commission meeting)
• Samples v. Ballard, 860 F.3d 266 (4th Cir. 2017) (persuaded 4th Circuit, in case of first impression, that federal district court need not review de novo unexhausted habeas corpus claims not previously raised in the case)
• Virginia Uranium, LLC v. Warren, 848 F.3d 590 (4th Cir. 2017) (successfully defended Virginia’s moratorium on uranium mining against claim that it was preempted by the Atomic Energy Act)
• Gray v. Ballard, 848 F.3d 318 (4th Cir. 2017) (argued successfully for the denial of habeas corpus in a case establishing the standard for due diligence in the 4th Circuit under 28 U.S.C. 2254(d)(1)(D))
• Loftus v. Bobzien, 848 F.3d 278 (4th Cir. 2017) (affirming dismissal of terminated employee’s First Amendment claims)
• Libertarian Party of Va. v. Alcorn, 826 F.3d 708 (4th Cir. 2016) (successfully defended constitutionality of candidate-ordering rules on Virginia ballots)
• Colon Health Ctrs. of Am., LLC v. Hazel, 813 F.3d 145 (4th Cir. 2016) (successfully defended Virginia’s medical certificate-of-public-need laws against dormant-commerce-clause challenge)
• Prieto v. Clarke, 780 F.3d 245 (4th Cir. 2015) (successfully defended conditions of confinement on Virginia’s death row against due process challenge)
• Bostic v. Schaefer, 760 F.3d 352 (4th Cir. 2014) (successfully defended Virginia Attorney General’s position that Virginia’s same-sex-marriage ban violated the 14th Amendment)
• King v. Burwell, 759 F.3d 358 (4th Cir. 2014) (presented oral argument for Virginia as amicus in case upholding validity of premium-tax-credit assistance under the Affordable Care Act), aff’d, 135 S. Ct. 2480 (2015)
• Corr v. Metro. Wash. Airports Auth., 740 F.3d 295 (4th Cir. 2014) (successfully defended MWAA’s use of Dulles Toll Road revenues to fund Metrorail to Dulles Airport)
• NLRB v. Enter. Leasing Co. Se., LLC, 722 F.3d 609 (4th Cir. 2013) (successfully challenged President’s recess appointments to the NLRB as unconstitutional)
• Dow AgroSciences LLC v. Nat’l Marine Fisheries Serv., 707 F.3d 462 (4th Cir. 2013) (successfully challenged as arbitrary and capricious a “biological opinion” issued by NMFS on the effects of certain pesticides)