West Virginia University - News and Information Services
Federal judges to hear cases Friday at WVU College of Law
The second-highest court in the land is coming to West Virginia University Friday morning (Sept. 28) to hear cases on sentencing guidelines, trademark infringement and First Amendment issues.
Three judges representing the 4th U.S. Circuit Court of Appeals will hear a trio of cases beginning at 9 a.m. in the Lugar Courtroom at the College of Law. The 4th Circuit is based in Richmond, Va., and is one of 11 such judicial circuits serving regions across the country.
Under federal mandates of the Court of Appeals, the judges’ names won’t be available until the court convenes on Friday. Judges are normally selected at random, and their names traditionally aren’t made known until the day arguments are held, College of Law Dean John Fisher said.
The morning, he said, “will be a real opportunity” for law students and the public to see the U.S. Court of Appeals up close. The only other federal court above this one, he noted, is the U.S. Supreme Court.
“Most of us don’t get the chance to see this court at work,” Fisher said. “The judges hear about 98 percent of their cases in Richmond, so this is a good chance for our students and for all of the students to come out and see how it all works at this level. We’re very happy and grateful the judges are coming here.”
Here are capsules of the cases:
- United States of America v. Kevin Batts: Was the sentencing just in this 2004 drug trafficking conviction?
- Last Beef LLC v. Dudas: Did the Patent and Trademark Office exceed its authority when denied permission to use the marketing slogan, “Last Best Place?”
- Chapin Furniture v. Town of Chapin: Is a town ordinance on electronic signs violating a company’s free speech rights?
The court was last here in October 2004.
Steeped in history, its judges first convened in 1789 to handle legal matters of the mid-Atlantic. After the Civil War, the court was reconfigured to take in West Virginia, Maryland, Virginia, North Carolina and South Carolina.