4th Circuit Case Commentaries

Establishing Employer Liability for Withdrawal Under ERISA: Trustees of the Plumbers and Pipefitters National Pension Fund v. Plumbing Services, Inc.

Date: Jun 30, 2015

Establishing Employer Liability for Withdrawal Under ERISA: Trustees of the Plumbers and Pipefitters National Pension Fund v. Plumbing Services, Inc. Introduction In the landmark case of The Trustees...

Substantial Similarity in Architectural Copyright Claims Affirmed in Humphreys & Partners Architects, L.P. v. Lessard Design, Inc.

Date: Jun 24, 2015

Substantial Similarity in Architectural Copyright Claims Affirmed in Humphreys & Partners Architects, L.P. v. Lessard Design, Inc. Introduction In the case of Humphreys & Partners Architects, L.P....

Exclusionary Rule in Civil Removal Proceedings: Insights from Yanez–Marquez v. Lynch

Date: Jun 17, 2015

Exclusionary Rule in Civil Removal Proceedings: Insights from Yanez–Marquez v. Lynch Introduction Yanez–Marquez v. Lynch (789 F.3d 434) is a pivotal case adjudicated by the United States Court of...

Reyazuddin v. Montgomery County: Strengthening Disability Accommodations in Public Employment under Section 504

Date: Jun 16, 2015

Reyazuddin v. Montgomery County: Strengthening Disability Accommodations in Public Employment under Section 504 Introduction In Reyazuddin v. Montgomery County, Maryland, the United States Court of...

Affirmation of FMLA and ADA Compliance in Employment Practices: Adams v. Anne Arundel County Public Schools

Date: Jun 16, 2015

Affirmation of FMLA and ADA Compliance in Employment Practices: Adams v. Anne Arundel County Public Schools Introduction In the case of Andrew Adams v. Anne Arundel County Public Schools, the United...

Enforcement of Radius Restriction Clauses in Commercial Leases: Insights from DAVE & BUSTER'S, INC. v. WHITE FLINT MALL

Date: Jun 12, 2015

Enforcement of Radius Restriction Clauses in Commercial Leases: Insights from DAVE & BUSTER'S, INC. v. WHITE FLINT MALL Introduction The case of DAVE & BUSTER'S, INC. v. WHITE FLINT MALL, LLLP...

Credibility Assessment in Social Security Disability Claims: Dunn v. Colvin

Date: Jun 2, 2015

Credibility Assessment in Social Security Disability Claims: Dunn v. Colvin Introduction In Dunn v. Colvin, 607 F. App'x 264 (4th Cir. 2015), the plaintiff-appellant, Lisa Dunn, challenged the...

Fourth Circuit Upholds McDonnell Douglas Framework for Title VII Retaliation Claims Following Nassar

Date: May 22, 2015

Fourth Circuit Upholds McDonnell Douglas Framework for Title VII Retaliation Claims Following Nassar Introduction In Iris Foster, Plaintiff–Appellant, v. University of Maryland–Eastern Shore,...

Expansion of Evidence Admissibility in Healthcare Fraud Cases: United States v. Bajoghli

Date: May 12, 2015

Expansion of Evidence Admissibility in Healthcare Fraud Cases: United States v. Bajoghli Introduction The case of United States of America v. Amir A. Bajoghli (785 F.3d 957) represents a pivotal...

Fourth Circuit Establishes 'Extremely Serious' Isolated Incident Rule for Hostile Work Environment and Retaliation Claims

Date: May 8, 2015

Fourth Circuit Establishes 'Extremely Serious' Isolated Incident Rule for Hostile Work Environment and Retaliation Claims Introduction In the landmark case Reya C. Boyer-Liberto v. Fontainebleau...

Fourth Circuit Overrules Jordan, Recognizing Extremely Serious Isolated Incidents as Hostile Work Environment Under Title VII

Date: May 8, 2015

Fourth Circuit Overrules Jordan, Recognizing Extremely Serious Isolated Incidents as Hostile Work Environment Under Title VII Case: Reya C. Boyer–Liberto v. Fontainebleau Corporation, 786 F.3d 264...

Remand Granted in Greenspan v. Brothers Property Corporation: Implications for Diversity Jurisdiction and Wrongful Termination Claims

Date: May 1, 2015

Remand Granted in Greenspan v. Brothers Property Corporation: Implications for Diversity Jurisdiction and Wrongful Termination Claims Introduction In Jacob Greenspan v. Brothers Property Corporation,...

Affirmation of Qualified Immunity in Mental Health Detention Cases: Raub v. Campbell

Date: Apr 30, 2015

Affirmation of Qualified Immunity in Mental Health Detention Cases: Raub v. Campbell Introduction The case of Brandon Raub v. Michael Campbell et al. adjudicated by the United States Court of Appeals...

Career Offender Designation Does Not Constitute a Fundamental Defect for Collateral Relief Under §2255

Date: Apr 28, 2015

Career Offender Designation Does Not Constitute a Fundamental Defect for Collateral Relief Under §2255 Introduction The case of United States of America v. Wesley Devon Foote, 784 F.3d 931 (4th Cir....

Ineffective Assistance of Counsel and the Admission of Fingerprint Evidence: Jones v. Clarke

Date: Apr 23, 2015

Ineffective Assistance of Counsel and the Admission of Fingerprint Evidence: Analysis of Jones v. Clarke Introduction In Rashaad Tiwania Jones v. Harold W. Clarke, 783 F.3d 987 (4th Cir. 2015), the...

4th Circuit Upholds Deliberate Indifference Standard in Title IX Harassment Case

Date: Apr 8, 2015

4th Circuit Upholds Deliberate Indifference Standard in Title IX Harassment Case Introduction In the landmark case of John Doe, Individually and as parent and next friend of J.D., a minor child; Jane...

Sufficiency of Circumstantial Evidence Upholds Bank Fraud and Evidence Tampering Convictions in United States v. Gadsden

Date: Apr 2, 2015

Sufficiency of Circumstantial Evidence Upholds Bank Fraud and Evidence Tampering Convictions in United States v. Gadsden Introduction The case of United States of America v. Daren Kareem Gadsden...

Ineffective Assistance of Counsel Claims and Pinkerton Principles in Drug Conspiracy Sentencing: Analysis of United States v. Rangel

Date: Apr 2, 2015

Ineffective Assistance of Counsel Claims and Pinkerton Principles in Drug Conspiracy Sentencing: Analysis of United States v. Rangel Introduction The case of United States of America v. Abel Castillo...

Complete Preemption of State Tort Claims under the Communications Act: Johnson v. American Towers, LLC

Date: Mar 26, 2015

Complete Preemption of State Tort Claims under the Communications Act: Johnson v. American Towers, LLC Introduction Johnson v. American Towers, LLC is a significant appellate decision by the United...

Fourth Circuit Reiterates the Essential Role of Heat of Passion Instructions in Ensuring Effective Assistance of Counsel

Date: Mar 21, 2015

Fourth Circuit Reiterates the Essential Role of Heat of Passion Instructions in Ensuring Effective Assistance of Counsel Introduction In Mark E. Lee v. Harold W. Clarke, Director, Department of...