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  • Commentaries
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4th Circuit Case Commentaries

Breach of Trust, Treatment Alternatives, and Appellate Deference in Supervised Release Revocations: Commentary on United States v. Steele (4th Cir. 2025)

Breach of Trust, Treatment Alternatives, and Appellate Deference in Supervised Release Revocations: Commentary on United States v. Steele (4th Cir. 2025)

Date: Dec 12, 2025
Breach of Trust, Treatment Alternatives, and Appellate Deference in Supervised Release Revocations: Commentary on United States v. Steele (4th Cir. 2025) I. Introduction The Fourth Circuit’s...
Fourth Circuit Adopts De Novo Review of QDRO Interpretation and Clarifies QJSA Cost Allocation under ERISA: Commentary on David Gasper v. EIDP, Inc.

Fourth Circuit Adopts De Novo Review of QDRO Interpretation and Clarifies QJSA Cost Allocation under ERISA: Commentary on David Gasper v. EIDP, Inc.

Date: Dec 12, 2025
Fourth Circuit Adopts De Novo Review of QDRO Interpretation and Clarifies QJSA Cost Allocation under ERISA Commentary on David Gasper v. EIDP, Inc., No. 24‑1959 (4th Cir. Dec. 8, 2025) I....
Teaching Explosives to a Known Would‑Be Violent Offender Is Unprotected Speech: Commentary on United States v. Arthur (4th Cir. 2025)

Teaching Explosives to a Known Would‑Be Violent Offender Is Unprotected Speech: Commentary on United States v. Arthur (4th Cir. 2025)

Date: Dec 10, 2025
Teaching Explosives to a Known Would‑Be Violent Offender Is Unprotected Speech: Commentary on United States v. Arthur (4th Cir. 2025) I. Introduction In United States v. Christopher Clark Arthur, No....
Forfeiture, Unconscionability, and Perpetual Coal Leases under West Virginia Law: Commentary on Rockwell Mining, LLC v. Pocahontas Land LLC

Forfeiture, Unconscionability, and Perpetual Coal Leases under West Virginia Law: Commentary on Rockwell Mining, LLC v. Pocahontas Land LLC

Date: Dec 10, 2025
Forfeiture, Unconscionability, and Perpetual Coal Leases under West Virginia Law: Commentary on Rockwell Mining, LLC v. Pocahontas Land LLC Introduction This commentary examines the Fourth Circuit’s...
Forfeiture, Unconscionability, and Long-Term Mineral Leases under West Virginia Law: Commentary on Rockwell Mining, LLC v. Pocahontas Land LLC

Forfeiture, Unconscionability, and Long-Term Mineral Leases under West Virginia Law: Commentary on Rockwell Mining, LLC v. Pocahontas Land LLC

Date: Dec 10, 2025
Forfeiture, Unconscionability, and Long-Term Mineral Leases under West Virginia Law: Commentary on Rockwell Mining, LLC v. Pocahontas Land LLC Introduction The Fourth Circuit’s unpublished decision...
Design Gaps v. Distinctive Design: Broad Preclusive Effect of State‑Confirmed Arbitration Awards and Rigorous Use of Laches

Design Gaps v. Distinctive Design: Broad Preclusive Effect of State‑Confirmed Arbitration Awards and Rigorous Use of Laches

Date: Dec 10, 2025
Design Gaps v. Distinctive Design: Broad Preclusive Effect of State‑Confirmed Arbitration Awards and Rigorous Use of Laches I. Introduction In Design Gaps, Inc. v. Distinctive Design & Construction...
Fourth Circuit Adopts Narrow Construction of NLRA “Managerial Employee” Exception: Commentary on Constellis, LLC v. NLRB

Fourth Circuit Adopts Narrow Construction of NLRA “Managerial Employee” Exception: Commentary on Constellis, LLC v. NLRB

Date: Dec 4, 2025
Fourth Circuit Adopts Narrow Construction of NLRA “Managerial Employee” Exception: Commentary on Constellis, LLC v. NLRB I. Introduction The Fourth Circuit’s published decision in Constellis, LLC v....
Constraining the Managerial Employee Exception under the NLRA: Commentary on NLRB v. Constellis, LLC (4th Cir. 2025)

Constraining the Managerial Employee Exception under the NLRA: Commentary on NLRB v. Constellis, LLC (4th Cir. 2025)

Date: Dec 4, 2025
Constraining the Managerial Employee Exception under the NLRA: Commentary on NLRB v. Constellis, LLC (4th Cir. 2025) I. Introduction In NLRB v. Constellis, LLC, decided December 1, 2025, the U.S....
Probable Cause as a Prerequisite for First Amendment Retaliatory Search Claims: Commentary on Stanley v. Bocock

Probable Cause as a Prerequisite for First Amendment Retaliatory Search Claims: Commentary on Stanley v. Bocock

Date: Dec 3, 2025
Probable Cause as a Prerequisite for First Amendment Retaliatory Search Claims: Commentary on Joseph N. Stanley v. Christopher T. Bocock I. Introduction The Fourth Circuit’s published decision in...
Inferring Chronic Origin of Terminal ABG Results Under the BLBA: Commentary on Clinchfield Coal Co. v. Mullins (4th Cir. 2025)

Inferring Chronic Origin of Terminal ABG Results Under the BLBA: Commentary on Clinchfield Coal Co. v. Mullins (4th Cir. 2025)

Date: Dec 3, 2025
Inferring Chronic Origin of Terminal ABG Results Under the BLBA: Commentary on Clinchfield Coal Co. v. Mullins (4th Cir. 2025) I. Introduction The Fourth Circuit’s published decision in Clinchfield...
No Prejudice, No Brady Claim: Anderson v. Baltimore County and Pleading Standards for Probable Cause in Passenger-Drug Arrests

No Prejudice, No Brady Claim: Anderson v. Baltimore County and Pleading Standards for Probable Cause in Passenger-Drug Arrests

Date: Dec 3, 2025
No Prejudice, No Brady Claim: Anderson v. Baltimore County and Pleading Standards for Probable Cause in Passenger-Drug Arrests I. Introduction This commentary examines the Fourth Circuit’s...
No “Super‑Tenure Review Committees”: Pleading Standards, Academic Freedom, and Comparator Requirements in Madhusudan Katti v. Arden

No “Super‑Tenure Review Committees”: Pleading Standards, Academic Freedom, and Comparator Requirements in Madhusudan Katti v. Arden

Date: Dec 3, 2025
No “Super‑Tenure Review Committees”: Pleading Standards, Academic Freedom, and Comparator Requirements in Madhusudan Katti v. Arden I. Introduction In Madhusudan Katti v. Arden, No. 24‑2054 (4th Cir....

        Deference to Magistrates and Evidentiary Rigor in § 1983 Malicious Prosecution Claims:
        Commentary on Stusalitus v. Ortiz

Deference to Magistrates and Evidentiary Rigor in § 1983 Malicious Prosecution Claims: Commentary on Stusalitus v. Ortiz

Date: Dec 3, 2025
Deference to Magistrates and Evidentiary Rigor in § 1983 Malicious Prosecution Claims: Commentary on Leon Barcley Stusalitus v. Angelique Ortiz I. Introduction The unpublished Fourth Circuit decision...
United States v. Glass: The Fourth Circuit Reaffirms the High Bar for Omission‑Based Franks Challenges to Digital Child Pornography Warrants

United States v. Glass: The Fourth Circuit Reaffirms the High Bar for Omission‑Based Franks Challenges to Digital Child Pornography Warrants

Date: Dec 3, 2025
United States v. Glass: The Fourth Circuit Reaffirms the High Bar for Omission‑Based Franks Challenges to Digital Child Pornography Warrants I. Introduction In United States v. Jessie Leroy Glass,...
No Expansion of Pennsylvania’s Franchise Good Faith Covenant to Performance Obligations: Commentary on DiStefano, Inc. v. Tasty Baking Co.

No Expansion of Pennsylvania’s Franchise Good Faith Covenant to Performance Obligations: Commentary on DiStefano, Inc. v. Tasty Baking Co.

Date: Dec 2, 2025
No Expansion of Pennsylvania’s Franchise Good Faith Covenant to Performance Obligations: Commentary on DiStefano, Inc. v. Tasty Baking Co. I. Introduction In DiStefano, Incorporated v. Tasty Baking...
Willful Blindness, Lis Pendens, and Lender Aiding‑and‑Abetting Liability under Maryland Law – Commentary on Al‑Sabah v. World Business Lenders, LLC (4th Cir. 2025)

Willful Blindness, Lis Pendens, and Lender Aiding‑and‑Abetting Liability under Maryland Law – Commentary on Al‑Sabah v. World Business Lenders, LLC (4th Cir. 2025)

Date: Dec 2, 2025
Willful Blindness, Lis Pendens, and Lender Aiding‑and‑Abetting Liability under Maryland Law Commentary on Alia Al‑Sabah v. World Business Lenders, LLC, 4th Cir. (Nov. 26, 2025) I. Introduction This...
Willful Blindness, Lis Pendens, and Lender Liability: The Fourth Circuit Clarifies Aiding‑and‑Abetting Fraud in Alia Al‑Sabah v. World Business Lenders, LLC

Willful Blindness, Lis Pendens, and Lender Liability: The Fourth Circuit Clarifies Aiding‑and‑Abetting Fraud in Alia Al‑Sabah v. World Business Lenders, LLC

Date: Dec 2, 2025
Willful Blindness, Lis Pendens, and Lender Liability: The Fourth Circuit Clarifies Aiding‑and‑Abetting Fraud in Alia Al‑Sabah v. World Business Lenders, LLC I. Introduction The Fourth Circuit’s...
United States v. Spencer & Morgan: Substantial Step and Foreseeable Firearm Possession in Attempted Hobbs Act Robbery

United States v. Spencer & Morgan: Substantial Step and Foreseeable Firearm Possession in Attempted Hobbs Act Robbery

Date: Dec 2, 2025
United States v. Spencer & Morgan: Substantial Step and Foreseeable Firearm Possession in Attempted Hobbs Act Robbery I. Introduction The consolidated appeals in United States v. Harold Edward...
Substantial Steps, Circumstantial Evidence, and Foreseeable Firearms: A Commentary on United States v. Spencer & Morgan

Substantial Steps, Circumstantial Evidence, and Foreseeable Firearms: A Commentary on United States v. Spencer & Morgan

Date: Dec 2, 2025
Substantial Steps, Circumstantial Evidence, and Foreseeable Firearms: A Commentary on United States v. Harold Edward Spencer, III & United States v. Jon Demetrious Jacques Morgan I. Introduction The...
Strickland Prejudice, AEDPA, and Veteran Mitigation: The Fourth Circuit’s Decision in Coleman v. Dotson

Strickland Prejudice, AEDPA, and Veteran Mitigation: The Fourth Circuit’s Decision in Coleman v. Dotson

Date: Nov 24, 2025
Strickland Prejudice, AEDPA, and Veteran Mitigation: The Fourth Circuit’s Decision in Coleman v. Dotson I. Introduction The Fourth Circuit’s published decision in Christopher Coleman v. Chadwick...
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