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  • Commentaries
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4th Circuit Case Commentaries

Temporary Telework That Precludes Essential In‑Person Duties Is Not a Reasonable ADA Accommodation: Fourth Circuit (Unpublished) Reaffirms Present‑Tense Essential‑Functions Test

Temporary Telework That Precludes Essential In‑Person Duties Is Not a Reasonable ADA Accommodation: Fourth Circuit (Unpublished) Reaffirms Present‑Tense Essential‑Functions Test

Date: Oct 5, 2025
Temporary Telework That Precludes Essential In‑Person Duties Is Not a Reasonable ADA Accommodation: Fourth Circuit (Unpublished) Reaffirms Present‑Tense Essential‑Functions Test Case: Donna M. Jones...
No Clearly Established Duty for State Tax Officials to Compel Renewed Address Searches After Returned Mail: Fourth Circuit Affirms Qualified Immunity in deWet v. Rollyson

No Clearly Established Duty for State Tax Officials to Compel Renewed Address Searches After Returned Mail: Fourth Circuit Affirms Qualified Immunity in deWet v. Rollyson

Date: Oct 4, 2025
No Clearly Established Duty for State Tax Officials to Compel Renewed Address Searches After Returned Mail: Fourth Circuit Affirms Qualified Immunity in deWet v. Rollyson Case: Ann Barclay deWet &...
No “Last-Exposure” Liability for Former Self-Insured Parents Under the BLBA: Fourth Circuit Limits Responsible-Operator and Carrier Designations; Trust Fund Pays When § 725.494(e) Is Not Met

No “Last-Exposure” Liability for Former Self-Insured Parents Under the BLBA: Fourth Circuit Limits Responsible-Operator and Carrier Designations; Trust Fund Pays When § 725.494(e) Is Not Met

Date: Oct 4, 2025
No “Last-Exposure” Liability for Former Self-Insured Parents Under the BLBA Fourth Circuit limits responsible-operator and carrier designations; Trust Fund must pay where § 725.494(e) is not...
Imposters Can “Occupy” a Position of Trust: Fourth Circuit Reaffirms §3B1.3’s Reach Post‑Kisor and Upholds Probation’s Authority to Set Treatment Details

Imposters Can “Occupy” a Position of Trust: Fourth Circuit Reaffirms §3B1.3’s Reach Post‑Kisor and Upholds Probation’s Authority to Set Treatment Details

Date: Sep 28, 2025
Imposters Can “Occupy” a Position of Trust: Fourth Circuit Reaffirms §3B1.3’s Reach Post‑Kisor and Upholds Probation’s Authority to Set Treatment Details Introduction In United States v. Brewer, the...
Rebutting the SGA Presumption Requires Concrete Proof of Subsidy: Fourth Circuit Affirms Step-Four Denial Based on Religious Employment and “As Actually Performed” Past Work

Rebutting the SGA Presumption Requires Concrete Proof of Subsidy: Fourth Circuit Affirms Step-Four Denial Based on Religious Employment and “As Actually Performed” Past Work

Date: Sep 26, 2025
Rebutting the SGA Presumption Requires Concrete Proof of Subsidy: Fourth Circuit Affirms Step-Four Denial Based on Religious Employment and “As Actually Performed” Past Work Case: William Kinlaw v....
Unsealing During Appeal: Fourth Circuit Confirms First Amendment Access to Summary‑Judgment Video Exhibits and Treats Motions to Unseal as Collateral

Unsealing During Appeal: Fourth Circuit Confirms First Amendment Access to Summary‑Judgment Video Exhibits and Treats Motions to Unseal as Collateral

Date: Sep 24, 2025
Unsealing During Appeal: Fourth Circuit Confirms First Amendment Access to Summary‑Judgment Video Exhibits and Treats Motions to Unseal as Collateral Introduction In Gray Media Group, Inc. v....
Trust-Fund Withholdings as “Income from Criminal Activity” Under U.S.S.G. § 2T1.1(b)(1): Fourth Circuit (Unpublished) Affirms Enhancement and Orders Full Resentencing for Rogers Error

Trust-Fund Withholdings as “Income from Criminal Activity” Under U.S.S.G. § 2T1.1(b)(1): Fourth Circuit (Unpublished) Affirms Enhancement and Orders Full Resentencing for Rogers Error

Date: Sep 24, 2025
Trust-Fund Withholdings as “Income from Criminal Activity” Under U.S.S.G. § 2T1.1(b)(1): Fourth Circuit (Unpublished) Affirms Enhancement and Orders Full Resentencing for Rogers Error Introduction...
Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025)

Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025)

Date: Sep 13, 2025
Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025) Note: This is an unpublished Fourth...
No “Indirect Cleansing” of Discriminatory Statutes: Fourth Circuit Invalidates North Carolina’s Felony‑Voting Crime and Clarifies Mootness After Prospective Amendments

No “Indirect Cleansing” of Discriminatory Statutes: Fourth Circuit Invalidates North Carolina’s Felony‑Voting Crime and Clarifies Mootness After Prospective Amendments

Date: Sep 13, 2025
No “Indirect Cleansing” of Discriminatory Statutes: Fourth Circuit Invalidates North Carolina’s Felony‑Voting Crime and Clarifies Mootness After Prospective Amendments Introduction In A. Philip...
Bruen Step One Is Textual; Surety-Law Tradition Permits Temporary Disarmament of Felony Indictees: United States v. Jackson (4th Cir. 2025)

Bruen Step One Is Textual; Surety-Law Tradition Permits Temporary Disarmament of Felony Indictees: United States v. Jackson (4th Cir. 2025)

Date: Sep 13, 2025
Bruen Step One Is Textual; Surety-Law Tradition Permits Temporary Disarmament of Felony Indictees: United States v. Jackson (4th Cir. 2025) Introduction In United States v. Brandon Glen Jackson, the...
Addressing the Central Thesis Suffices: Fourth Circuit Reaffirms Minimal Explanation and Harmless Error for Consecutive Revocation Sentences

Addressing the Central Thesis Suffices: Fourth Circuit Reaffirms Minimal Explanation and Harmless Error for Consecutive Revocation Sentences

Date: Sep 11, 2025
Addressing the Central Thesis Suffices: Fourth Circuit Reaffirms Minimal Explanation and Harmless Error for Consecutive Revocation Sentences Introduction This commentary analyzes the Fourth Circuit’s...
Pretext Turns on the Decisionmaker’s Actual Belief; Temporal Proximity Alone Cannot Overcome Documented, Pre‑Existing Nonrenewal Plans

Pretext Turns on the Decisionmaker’s Actual Belief; Temporal Proximity Alone Cannot Overcome Documented, Pre‑Existing Nonrenewal Plans

Date: Sep 11, 2025
Pretext Turns on the Decisionmaker’s Actual Belief; Temporal Proximity Alone Cannot Overcome Documented, Pre‑Existing Nonrenewal Plans Introduction In this unpublished decision, the Fourth Circuit...
Prospective Only: Fourth Circuit Limits Ex parte Young Relief in Takings Cases to Post-Judgment Interest on State-Held Unclaimed Property

Prospective Only: Fourth Circuit Limits Ex parte Young Relief in Takings Cases to Post-Judgment Interest on State-Held Unclaimed Property

Date: Sep 11, 2025
Prospective Only: Fourth Circuit Limits Ex parte Young Relief in Takings Cases to Post-Judgment Interest on State-Held Unclaimed Property Introduction In Steven G. Albert v. Brooke E. Lierman, the...
No Fifth Amendment Retaliation at Sentencing Without a Demonstrable Nexus: United States v. Johnathan Crawford (4th Cir. 2025)

No Fifth Amendment Retaliation at Sentencing Without a Demonstrable Nexus: United States v. Johnathan Crawford (4th Cir. 2025)

Date: Sep 11, 2025
No Fifth Amendment Retaliation at Sentencing Without a Demonstrable Nexus: United States v. Johnathan Crawford (4th Cir. 2025) Introduction In this unpublished but instructive decision, the Fourth...
Bailey’s Spatial Constraint Does Not Bar a Probation Officer from Directing a Supervised-Releasee Home During Execution of a Residential Warrant

Bailey’s Spatial Constraint Does Not Bar a Probation Officer from Directing a Supervised-Releasee Home During Execution of a Residential Warrant

Date: Sep 10, 2025
Bailey’s Spatial Constraint Does Not Bar a Probation Officer from Directing a Supervised-Releasee Home During Execution of a Residential Warrant Introduction In United States v. Matthew Scott Rocco,...
States Cannot Use § 3502(d) RIF Notice to Police Federal Personnel Management: Fourth Circuit Tightens Standing and Redressability in State of Maryland v. USDA

States Cannot Use § 3502(d) RIF Notice to Police Federal Personnel Management: Fourth Circuit Tightens Standing and Redressability in State of Maryland v. USDA

Date: Sep 9, 2025
States Cannot Use § 3502(d) RIF Notice to Police Federal Personnel Management: Fourth Circuit Tightens Standing and Redressability in State of Maryland v. USDA Introduction In a published decision,...
Proper Parties, Proper Relief: Fourth Circuit Bars State Standing to Enjoin Federal Workforce Reductions Based on Missed RIF Notice

Proper Parties, Proper Relief: Fourth Circuit Bars State Standing to Enjoin Federal Workforce Reductions Based on Missed RIF Notice

Date: Sep 9, 2025
Proper Parties, Proper Relief: Fourth Circuit Bars State Standing to Enjoin Federal Workforce Reductions Based on Missed RIF Notice Case: State of Maryland v. USDA (consolidated appeals Nos. 25-1248...
Aggregating Risk Under CAT: The Fourth Circuit Requires the BIA to Meaningfully Address All Theories and Evidence of Torture — McDougall v. Bondi

Aggregating Risk Under CAT: The Fourth Circuit Requires the BIA to Meaningfully Address All Theories and Evidence of Torture — McDougall v. Bondi

Date: Sep 8, 2025
Aggregating Risk Under CAT: The Fourth Circuit Requires the BIA to Meaningfully Address All Theories and Evidence of Torture — McDougall v. Bondi Introduction In Marlon McDougall v. Pamela Bondi, the...
Fourth Circuit Clarifies Vaccine Act Exhaustion: Special Masters’ Timeliness Rulings Are Preclusive; Gardasil’s Table Listing Upheld Under the Presentment Clause

Fourth Circuit Clarifies Vaccine Act Exhaustion: Special Masters’ Timeliness Rulings Are Preclusive; Gardasil’s Table Listing Upheld Under the Presentment Clause

Date: Sep 8, 2025
Fourth Circuit Clarifies Vaccine Act Exhaustion: Special Masters’ Timeliness Rulings Are Preclusive; Gardasil’s Table Listing Upheld Under the Presentment Clause Introduction In a published decision...
Fourth Circuit Clarifies: Special Masters’ Timeliness Rulings Under the Vaccine Act Are Preclusive Gatekeepers to Tort Suits; Gardasil’s Table Addition Comports with the Presentment Clause

Fourth Circuit Clarifies: Special Masters’ Timeliness Rulings Under the Vaccine Act Are Preclusive Gatekeepers to Tort Suits; Gardasil’s Table Addition Comports with the Presentment Clause

Date: Sep 8, 2025
Fourth Circuit Clarifies: Special Masters’ Timeliness Rulings Under the Vaccine Act Are Preclusive Gatekeepers to Tort Suits; Gardasil’s Table Addition Comports with the Presentment Clause...
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