4th Circuit Case Commentaries

United States ex rel. Rostholder v. Omnicare, Inc.: Strengthening the Criteria for FCA Claims and Clarifying the Public Disclosure Bar

Date: Feb 22, 2014

United States ex rel. Rostholder v. Omnicare, Inc.: Strengthening the Criteria for FCA Claims and Clarifying the Public Disclosure Bar Introduction This commentary examines the landmark decision in...

Comprehensive Commentary on United States v. Hassan et al.: Affirmation of Conspiracy to Provide Material Support for Terrorism

Date: Feb 5, 2014

Affirmation of Conspiracy to Provide Material Support for Terrorism in United States v. Hassan et al. Introduction In the landmark case of United States of America v. Mohammad Omar Aly Hassan, Ziyad...

Fourth Circuit Establishes Standards for Religious Accommodations in Prisons: Wall v. Wade

Date: Feb 4, 2014

Fourth Circuit Establishes Standards for Religious Accommodations in Prisons: Wall v. Wade Introduction In the landmark case of Gary Wall, Plaintiff–Appellant, v. James Wade, Food Services Manager,...

Balancing Legislative and Sovereign Immunity in Employment Discrimination: McCray v. Maryland Transit Administration

Date: Jan 31, 2014

Balancing Legislative and Sovereign Immunity in Employment Discrimination: McCray v. Maryland Transit Administration Introduction The case of Marie M. McCray v. Maryland Department of Transportation...

Reaffirming FDCA Preemption of State Tort Claims in Generic Drug Liability: Drager v. PLIVA USA, Inc.

Date: Jan 29, 2014

Reaffirming FDCA Preemption of State Tort Claims in Generic Drug Liability: Drager v. PLIVA USA, Inc. Introduction The case of Arthur L. Drager, as Personal Representative for the Estate of Shirley...

Expanded ADA Protection for Temporary Impairments: Analysis of Summers v. Altarum Institute

Date: Jan 24, 2014

Expanded ADA Protection for Temporary Impairments: Analysis of Summers v. Altarum Institute Introduction Summers v. Altarum Institute is a significant appellate decision from the United States Court...

Establishing Boundaries of Qualified Immunity and Reasonable Attorney's Fees in McAfee v. Boczar

Date: Jan 24, 2014

Establishing Boundaries of Qualified Immunity and Reasonable Attorney's Fees in McAfee v. Boczar Introduction The case of Eileen McAfee v. Christine M. Boczar, decided on January 23, 2014, by the...

Excluding FDA 510(k) Clearance Evidence in State Tort Claims: Implications from Lewis v. Johnson & Johnson

Date: Jan 16, 2014

Excluding FDA 510(k) Clearance Evidence in State Tort Claims: Implications from Lewis v. Johnson & Johnson Court: United States District Court, S.D. West Virginia Date: January 15, 2014 Case: Carolyn...

4th Circuit Upholds Due Process in Automated Speeding Citations Issued by First-Class Mail

Date: Jan 8, 2014

4th Circuit Upholds Due Process in Automated Speeding Citations Issued by First-Class Mail Introduction In the landmark case of Snider International Corporation, trading as Easto v. Town of Forest...

Determining a Corporation's Principal Place of Business Under the 'Nerve Center' Test: Hoschar v. Appalachian Power Co.

Date: Jan 8, 2014

Determining a Corporation's Principal Place of Business Under the 'Nerve Center' Test: Hoschar v. Appalachian Power Co. Introduction Hoschar v. Appalachian Power Company is a pivotal case that...

Fourth Circuit Upholds Search and Hearsay Exceptions in Dargan v. United States

Date: Dec 25, 2013

Fourth Circuit Upholds Search and Hearsay Exceptions in Dargan v. United States Introduction Dargan v. United States, 738 F.3d 643 (4th Cir. 2013), is a pivotal case adjudicated by the United States...

Integrated Consideration of Sentencing Factors in Supervised Release Revocations: Analysis of United States v. Webb

Date: Dec 20, 2013

Integrated Consideration of Sentencing Factors in Supervised Release Revocations: Analysis of United States v. Webb Introduction In the case of United States of America v. Austin Romaine Webb, Jr.,...

Affirmation of First Amendment Protections in "Occupy Columbia" Case

Date: Dec 17, 2013

Affirmation of First Amendment Protections in "Occupy Columbia" Case Introduction The "Occupy Columbia" case, adjudicated by the United States Court of Appeals for the Fourth Circuit on December 16,...

Fourth Circuit Rules Personal Releases Do Not Preclude Subsequent Qui Tam Actions under the False Claims Act

Date: Dec 13, 2013

Fourth Circuit Rules Personal Releases Do Not Preclude Subsequent Qui Tam Actions under the False Claims Act Introduction The case of UNITED STATES ex rel. Steven May and Angela Radcliffe v. Purdue...

Non-Retroactivity of the Fair Sentencing Act in §3582(c)(2) Proceedings

Date: Dec 7, 2013

Non-Retroactivity of the Fair Sentencing Act in §3582(c)(2) Proceedings Introduction The case of United States of America v. Darnell Black (737 F.3d 280, 4th Cir. 2013) addresses a critical issue...

Establishing Limits of US Coast Guard Liability in Rescue Operations under the Suits in Admiralty Act: Turner v. United States Coast Guard

Date: Nov 21, 2013

Establishing Limits of US Coast Guard Liability in Rescue Operations under the Suits in Admiralty Act: Turner v. United States Coast Guard Introduction The case of Susan C. Turner, Individually and...

Foreseeability and Duty Under FTCA Reinforced in Durden v. United States

Date: Nov 21, 2013

Foreseeability and Duty Under FTCA Reinforced in Durden v. United States Introduction In the case of Maria Nicole Durden v. United States of America, decided on November 20, 2013, the United States...

Defining Nominal Parties in Removal: Hartford Fire Insurance Co. v. Harleysville Mutual Insurance Co.

Date: Nov 16, 2013

Defining Nominal Parties in Removal: Hartford Fire Insurance Co. v. Harleysville Mutual Insurance Co. Introduction The case Hartford Fire Insurance Company v. Harleysville Mutual Insurance Company et...

Affirmation of Denied Qualified Immunity in Excessive Force Case: Cooper v. Sheehan

Date: Nov 8, 2013

Affirmation of Denied Qualified Immunity in Excessive Force Case: Cooper v. Sheehan Introduction The case of George Cooper, Sr. v. James Sheehan et al., adjudicated by the United States Court of...

Clarifying ACCA Violent Felonies: The Fourth Circuit's Decision in United States v. Hemingway

Date: Nov 1, 2013

Clarifying ACCA Violent Felonies: The Fourth Circuit's Decision in United States v. Hemingway Introduction In the landmark case of United States of America v. Leroy Deon Hemingway, the United States...