Albert Diaz
2010 - Present
14
Albert Diaz is the chief judge of the United States Court of Appeals for the 4th Circuit. He was nominated to the court by President Barack Obama. Diaz is the first Hispanic judge to serve on the Fourth Circuit.[1] Diaz received his commission to serve the court on December 22, 2010. He has served as chief judge since 2023.[2]
Early life and education
A native of Brooklyn, New York, Diaz earned his undergraduate degree from the Wharton School at the University of Pennsylvania in 1983, his J.D. from the New York University School of Law in 1988, and his M.S. from Boston University in 1993.[2]
Professional career
- 2010 - Present: Judge, United States Court of Appeals for the 4th Circuit
- 2023 - Present: Chief judge
- 2005-2010: Special judge, North Carolina Business Court
- 2005-2006: Reserve appellate military judge, U.S. Navy-Marine Corps Court of Criminal Appeals
- 2001-2005: Judge, North Carolina Superior Court
- 2000-2005: Reserve military judge, Camp Lejeune, North Carolina
- 1995-2001: Private practice, Charlotte, N.C.
- 1995-2000: Reserve appellate defense counsel, Office of the Judge Advocate General, U.S. Navy
- 1991-1995: Appellate government counsel, Office of the Judge Advocate General, U.S. Navy
- 1988-1991: Prosecutor, defense counsel, and chief review officer, Legal services support section, U.S. Marine Corps[2][3]
Judicial career
Fourth Circuit Court of Appeals
 |
| Nominee Information |
| Name: Albert Diaz |
| Court: United States Court of Appeals for the 4th Circuit |
| Progress |
| Confirmed 409 days after nomination. |
 Nominated: November 4, 2009
|
| ABA Rating: Unanimously Well Qualified
|
| Questionnaire: Questionnaire |
| Hearing: December 16, 2009
|
| Hearing Transcript: Hearing Transcript |
| QFRs: QFRs (Hover over QFRs to read more) |
| Reported: January 28, 2010
|
| Confirmed: December 18, 2010
|
| Vote: Voice vote
|
On November 4, 2009, Diaz was nominated by President Obama to a seat on the United States Court of Appeals for the 4th Circuit vacated by William Walter Wilkins. The American Bar Association rated Diaz Unanimously Well Qualified for the nomination.[4] Hearings on Diaz's nomination were held before the United States Senate Committee on the Judiciary on December 16, 2009, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on January 28, 2010. Diaz was confirmed on a voice vote of the U.S. Senate on December 18, 2010, and he received his commission on December 22, 2010.[2][5]
Noteworthy cases
Copyright suit over NFL Baltimore Ravens logo (2013)
On December 17, 2013, a three-judge panel of the Fourth Circuit, composed of Judges Harvie Wilkinson, Allyson Duncan, and Albert Diaz, found that both the Baltimore Ravens' and National Football League's (NFL) use of the team's old "Flying B" logo did not infringe upon plaintiff Frederick Bouchat's copyright.[6]
In the underlying case, Bouchat, an amateur artist, proposed a new logo for the Ravens after the team moved to Baltimore in 1995. The Ravens presented a logo that was strikingly similar to the one Bouchat suggested. Bouchat obtained a copyright on his original drawing and filed suit, ultimately winning the case, but without damages awarded. Several years later, the Ravens again changed the team logo, but Bouchat alleged infringement once more, and attempted to prevent the team and the NFL from using its previous "Flying B" logo in documentary films and photographs. The district court found that the defendants' use was fair.[6]
Judge Wilkinson, writing for the majority, affirmed the lower court's decision, noting that the use of Bouchat's copyrighted work was transformative (i.e., it was used for a different purpose than its original one). Wilkinson further stated:
| “ | The uses here were not only transformative, but also -- take your pick -- fleeting, incidental, de minimis, innocuous. If these uses failed to qualify as fair, a host of perfectly benign and valuable expressive works would be subject to lawsuits. That in turn would discourage the makers of all sorts of historical documentaries and displays, and would deplete society's fund of informative speech.[6][7] | ” |
The use of the Ravens logo, as negligible and incidental as it was, failed to rise to the level of "the type of commercial use frowned upon" by copyright law. Bouchat was not awarded any damages.[6]
See also
External links
Footnotes
- ↑ WRAL, "White House nominates two N.C. judges for 4th Circuit," November 4, 2009
- ↑ 2.0 2.1 2.2 2.3 Federal Judicial Center, "Biographical directory of federal judges," accessed June 15, 2016
- ↑ Fourth Circuit Court of Appeals, "Judge Albert Diaz biography," accessed March 27, 2014
- ↑ American Bar Association, "Ratings of Article III judicial nominees, 111th Congress," accessed June 15, 2016
- ↑ United States Congress, "PN 1138 — Albert Diaz — The Judiciary," accessed June 15, 2016
- ↑ 6.0 6.1 6.2 6.3 Courthouse News Service, "Old NFL Ravens Logo Won't Cost Team Again," December 19, 2013
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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United States Court of Appeals for the 4th Circuit 2010-Present |
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