4th Circuit Case Commentaries

Affirmation of § 922(g)(3): Balancing Second Amendment Rights and Public Safety

Date: May 1, 2014

Affirmation of § 922(g)(3): Balancing Second Amendment Rights and Public Safety Introduction United States v. Benjamin Tod Carter, 750 F.3d 462, is a pivotal case decided by the United States Court...

Reaffirmation of Sentencing Enhancements: Application of 'Use of a Minor' and 'Leadership' in Drug Conspiracy Cases

Date: Apr 30, 2014

Reaffirmation of Sentencing Enhancements: Application of 'Use of a Minor' and 'Leadership' in Drug Conspiracy Cases Introduction In the case of United States of America v. Erasto Gomez-Jimenez and...

Fourth Circuit Reverses Summary Judgment on Third-Party Harassment Claims, Establishing Employer Liability Standards

Date: Apr 30, 2014

Fourth Circuit Reverses Summary Judgment on Third-Party Harassment Claims, Establishing Employer Liability Standards Introduction In the landmark case of Lori Freeman v. Dal–Tile Corporation, decided...

Necessity of Indispensable Party Joinder in Diversity Jurisdiction: Insights from Hanna v. Home Buyers Warranty Corp.

Date: Apr 30, 2014

Necessity of Indispensable Party Joinder in Diversity Jurisdiction: Insights from Hanna v. Home Buyers Warranty Corporation Introduction In the case of Home Buyers Warranty Corporation, a Colorado...

United States v. Ramirez Umaña: Establishing Precedent on RICO-Related Capital Sentencing

Date: Apr 24, 2014

United States v. Ramirez Umaña: Establishing Precedent on RICO-Related Capital Sentencing Introduction Case: United States of America, Plaintiff–Appellee, v. Alejandro Enrique Ramirez Umaña, a/k/a...

Fourth Circuit Establishes Enhanced Public Access and Appellate Standing for Nonparty Groups in Sealed Litigation

Date: Apr 17, 2014

Fourth Circuit Establishes Enhanced Public Access and Appellate Standing for Nonparty Groups in Sealed Litigation Introduction The case of Company Doe v. Public Citizen; Consumer Federation of...

Fourth Circuit Upholds Contempt Sanctions Against Lavabit for Non-Compliance with Pen/Trap Order

Date: Apr 17, 2014

Fourth Circuit Upholds Contempt Sanctions Against Lavabit for Non-Compliance with Pen/Trap Order Introduction In the landmark case of In re UNDER SEAL United States of America, Plaintiff–Appellee, v....

Erroneous Career Offender Enhancements Constitute a Fundamental Miscarriage of Justice: Analysis of Whiteside v. United States

Date: Apr 9, 2014

Erroneous Career Offender Enhancements Constitute a Fundamental Miscarriage of Justice: Analysis of Whiteside v. United States Introduction Whiteside v. United States (748 F.3d 541, 4th Cir. 2014) is...

Affirmation of Timeliness Requirement for Judicial Recusal under 28 U.S.C. §455(b)(2): Kolon Industries Inc. v. E.I. DuPont de Nemours & Co.

Date: Apr 4, 2014

Affirmation of Timeliness Requirement for Judicial Recusal under 28 U.S.C. §455(b)(2): Kolon Industries Inc. v. E.I. DuPont de Nemours & Co. Introduction The case of Kolon Industries Incorporated v....

Defining Arm-of-the-State Status Under the False Claims Act: Insights from Oberg v. PHEAA

Date: Mar 14, 2014

Defining Arm-of-the-State Status Under the False Claims Act: Insights from Oberg v. PHEAA Introduction In the landmark case of United States ex rel. Jon H. Oberg v. Pennsylvania Higher Education...

Non-Attorney Parent Representation in Federal Discrimination Cases: Commentary on M.D. v. School Board of Richmond

Date: Mar 12, 2014

Non-Attorney Parent Representation in Federal Discrimination Cases: Commentary on M.D. v. School Board of Richmond Introduction The case of M.D., a minor child; Melodie Shuler, as parent and next...

In re Municipal Mortgage & Equity, LLC: Strengthening Scienter Standards in Securities Fraud Litigation

Date: Mar 8, 2014

In re Municipal Mortgage & Equity, LLC: Strengthening Scienter Standards in Securities Fraud Litigation Introduction The case of Robert Yates, MJG–08–269; Alan S. Barry, MJG–08–269; David Young,...

Fourth Circuit Clarifies Political Question Doctrine and Derivative Sovereign Immunity in Military Contractor Litigation

Date: Mar 7, 2014

Fourth Circuit Clarifies Political Question Doctrine and Derivative Sovereign Immunity in Military Contractor Litigation Introduction The case of In re KBR, Incorporated Burn Pit Litigation, 744 F.3d...

4th Circuit Upholds Baltimore's Time, Place, and Manner Restrictions on Protests: Establishment of Precedent for Content-Neutral Speech Regulation

Date: Mar 6, 2014

4th Circuit Upholds Baltimore's Time, Place, and Manner Restrictions on Protests: Establishment of Precedent for Content-Neutral Speech Regulation Introduction In the case of Aaron Ross,...

Fourth Circuit Establishes 'Knowingly' in §2423(a) Does Not Necessitate Knowledge of Victim’s Minor Status

Date: Mar 1, 2014

Fourth Circuit Establishes 'Knowingly' in §2423(a) Does Not Necessitate Knowledge of Victim’s Minor Status Introduction The case of United States of America v. Dwane Washington, adjudicated by the...

Upheld Filing Deadlines for New Political Parties in North Carolina: A Comprehensive Analysis of Al Pisano et al. v. Kim Westbrook Strach

Date: Feb 28, 2014

Upheld Filing Deadlines for New Political Parties in North Carolina: A Comprehensive Analysis of Al Pisano et al. v. Kim Westbrook Strach Introduction The case of Al Pisano; North Carolina...

Reevaluation of Evidence Sufficiency in Robbery Convictions: United States v. Strayhorn

Date: Feb 27, 2014

Reevaluation of Evidence Sufficiency in Robbery Convictions: United States v. Strayhorn Introduction In United States v. Strayhorn, decided on February 26, 2014, the United States Court of Appeals...

Fourth Circuit Upholds Plaintiff's Right to Cure Defective Service Through Nonsuit Mechanism

Date: Feb 26, 2014

Fourth Circuit Upholds Plaintiff's Right to Cure Defective Service Through Nonsuit Mechanism Introduction In the case of Jacqueline Rice v. Alpha Security, Incorporated; Budget Motels, Incorporated,...

Defendant’s Choice to Proceed with Sentencing Constitutes Waiver of Objections to PSR Calculations: Robinson v. United States

Date: Feb 22, 2014

Defendant’s Choice to Proceed with Sentencing Constitutes Waiver of Objections to PSR Calculations: Robinson v. United States Introduction The case of United States of America v. Steven L. Robinson,...

Affirming Bystander Liability under 42 U.S.C. § 1983: Stevenson v. City of Seat Pleasant

Date: Feb 22, 2014

Affirming Bystander Liability under 42 U.S.C. § 1983: Stevenson v. City of Seat Pleasant Introduction Stevenson v. City of Seat Pleasant is a pivotal case adjudicated by the United States Court of...