4th Circuit Case Commentaries

Timeliness of §2255 Petitions in Light of Legal Precedents: Whiteside v. United States

Date: Dec 20, 2014

Timeliness of §2255 Petitions in Light of Legal Precedents: Whiteside v. United States Introduction Whiteside v. United States, 775 F.3d 180 (4th Cir. 2014), presents a pivotal examination of the...

Effective Assistance of Counsel in Drug Conspiracy Convictions: Insights from United States v. Mason

Date: Dec 19, 2014

Effective Assistance of Counsel in Drug Conspiracy Convictions: Insights from United States v. Mason Introduction The case of United States v. Victor Eugene Mason, 774 F.3d 824 (4th Cir. 2014),...

Deliberate Indifference in Correctional Medical Care: Jackson v. Lightsey Establishes Enhanced Scrutiny Standards

Date: Dec 19, 2014

Deliberate Indifference in Correctional Medical Care: Jackson v. Lightsey Establishes Enhanced Scrutiny Standards Introduction In the landmark case of Samuel Junior Jackson v. Dr. Joseph Lightsey;...

Reaffirming Judicial Neutrality in Plea Negotiations: Insights from United States v. Sanya

Date: Dec 18, 2014

Reaffirming Judicial Neutrality in Plea Negotiations: Insights from United States v. Sanya Introduction United States of America v. Oluwaseun Sanya is a pivotal case adjudicated by the United States...

Waiver of Governmental Immunity in Proprietary Capacities: Insights from AGI Associates v. City of Hickory

Date: Dec 12, 2014

Waiver of Governmental Immunity in Proprietary Capacities: Insights from AGI Associates v. City of Hickory Introduction AGI Associates, LLC v. City of Hickory, North Carolina is a significant case...

Purposeful Availment and Personal Jurisdiction: Insights from Universal Leather v. Koro AR

Date: Dec 9, 2014

Purposeful Availment and Personal Jurisdiction: Insights from Universal Leather v. Koro AR Introduction The legal landscape surrounding personal jurisdiction, particularly over foreign corporations,...

Strict Adherence to Rule 9(b) in Fraud Allegations: Murphy v. Capella Education Co.

Date: Dec 6, 2014

Strict Adherence to Rule 9(b) in Fraud Allegations: Murphy v. Capella Education Co. Introduction Melvin Murphy v. Capella Education Company, 589 F. App'x 646 (4th Cir. 2014), is a pivotal case...

Eleventh Amendment Shields South Carolina Retirement System and Officials from Takings Claims

Date: Dec 6, 2014

Eleventh Amendment Shields South Carolina Retirement System and Officials from Takings Claims Introduction In the landmark case Gail M. Hutto et al. v. South Carolina Retirement System et al.,...

Misapplication of Career Offender Status in Sentencing Leads to Vacated Life Sentence: Howard v. United States

Date: Dec 5, 2014

Misapplication of Career Offender Status in Sentencing Leads to Vacated Life Sentence: Howard v. United States Introduction Howard v. United States, decided by the United States Court of Appeals for...

Equitable Tolling in Employment Law: Insights from Cruz v. Maypa

Date: Dec 2, 2014

Equitable Tolling in Employment Law: Insights from Cruz v. Maypa Introduction Cristina Fernandez Cruz v. Maypa et al. is a pivotal case adjudicated by the United States Court of Appeals for the...

Dowell v. United States: Clarifying the Application of Vulnerable Victim Enhancements in Child Pornography Sentencing

Date: Nov 14, 2014

Dowell v. United States: Clarifying the Application of Vulnerable Victim Enhancements in Child Pornography Sentencing Introduction Dowell v. United States is a landmark case adjudicated by the United...

Affirmation of Conviction under 18 U.S.C. §924(c) and the Waiver of Suppression Motions: Analysis of United States v. Corey A. Moore

Date: Oct 11, 2014

Affirmation of Conviction under 18 U.S.C. §924(c) and the Waiver of Suppression Motions: Analysis of United States v. Corey A. Moore Introduction In the landmark case of United States of America v....

4th Circuit Sets New Precedent on Voting Rights: Preliminary Injunction Granted for Same-Day Registration and Out-of-Precinct Ballots in NC

Date: Oct 2, 2014

4th Circuit Sets New Precedent on Voting Rights: Preliminary Injunction Granted for Same-Day Registration and Out-of-Precinct Ballots in NC Introduction In the landmark case League of Women Voters of...

Determining Accrual Dates for Brady-Related §1983 Claims: Insights from Owens v. Baltimore City SAO

Date: Sep 25, 2014

Determining Accrual Dates for Brady-Related §1983 Claims: Insights from Owens v. Baltimore City SAO Introduction The case of James Owens v. Baltimore City State's Attorney’s Office et al. (767 F.3d...

Fourth Circuit Clarifies Statute of Limitations for Brady-Based §1983 Claims in Owens v. Baltimore City State's Attorney's Office

Date: Sep 25, 2014

Fourth Circuit Clarifies Statute of Limitations for Brady-Based §1983 Claims in Owens v. Baltimore City State's Attorney's Office Introduction In the landmark case of James Owens v. Baltimore City...

Affirming the Consideration of Combined Impairments in Social Security Disability Claims: Reid v. Commissioner of Social Security

Date: Sep 17, 2014

Affirming the Consideration of Combined Impairments in Social Security Disability Claims: Reid v. Commissioner of Social Security Introduction Reid v. Commissioner of Social Security is a pivotal...

Fourth Circuit Grants Qualified Immunity to Prison Officials in Bivens Claims under Eighth Amendment

Date: Sep 13, 2014

Fourth Circuit Grants Qualified Immunity to Prison Officials in Bivens Claims under Eighth Amendment Introduction In the landmark case of David Karl Danser v. Patricia R. Stansberry et al., the...

4th Circuit Vacates Class Certification in CBM Royalty Disputes, Emphasizing Strict Rule 23 Standards

Date: Aug 20, 2014

4th Circuit Vacates Class Certification in CBM Royalty Disputes, Emphasizing Strict Rule 23 Standards Introduction The case of EQT Production Company v. Robert Adair and associated parties...

Fourth Circuit Establishes Debtors' Right to Pursue FDCPA Claims Without Pre-Suit Dispute

Date: Aug 16, 2014

Fourth Circuit Establishes Debtors' Right to Pursue FDCPA Claims Without Pre-Suit Dispute Introduction In Diane Russell v. Absolute Collection Services, Inc., 763 F.3d 385 (4th Cir. 2014), the United...

Clarifying Section 4(f) Applicability in Transportation Projects: Insights from Defenders of Wildlife v. NCDOT

Date: Aug 7, 2014

Clarifying Section 4(f) Applicability in Transportation Projects: Insights from Defenders of Wildlife v. NCDOT Introduction The case of Defenders of Wildlife and National Wildlife Refuge Association...