4th Circuit Case Commentaries

Radford v. Colvin: Clarifying Criteria for Spinal Impairment in Social Security Disability Claims

Date: Oct 30, 2013

Radford v. Colvin: Clarifying Criteria for Spinal Impairment in Social Security Disability Claims Introduction The case of Jimmy Radford v. Carolyn W. Colvin (No. 13–1021) adjudicated by the United...

Summary Judgment Dismissals as Strikes Under PLRA: Blakely v. Wards

Date: Oct 23, 2013

Summary Judgment Dismissals as Strikes Under PLRA: Blakely v. Wards Introduction In the case of James G. Blakely v. Robert Wards, adjudicated by the United States Court of Appeals for the Fourth...

Precedent Establishment in Employment Discrimination Class Actions: Scott et al. v. Family Dollar Stores, Inc.

Date: Oct 17, 2013

Precedent Establishment in Employment Discrimination Class Actions: Scott et al. v. Family Dollar Stores, Inc. Introduction The case of Scott et al. v. Family Dollar Stores, Inc. (733 F.3d 105) marks...

Equitable Tolling in Removal Proceedings: Fourth Circuit Affirms Strict Standards in S v. Kuusk

Date: Oct 17, 2013

Equitable Tolling in Removal Proceedings: Fourth Circuit Affirms Strict Standards in S v. Kuusk Introduction S v. Kuusk (732 F.3d 302) is a pivotal case decided by the United States Court of Appeals...

Fourth Circuit Sets New Standards for ACCA Violent Felony Enhancements Post-Descamps

Date: Oct 2, 2013

Fourth Circuit Sets New Standards for ACCA Violent Felony Enhancements Post-Descamps Introduction In the case of United States of America v. Thomas Royal, the United States Court of Appeals for the...

Establishing Thresholds for Actual and Profit Damages in Copyright Infringement Cases

Date: Sep 27, 2013

Establishing Thresholds for Actual and Profit Damages in Copyright Infringement Cases Introduction The case of Anthony Lawrence Dash v. Floyd Mayweather, Jr. adjudicated by the United States Court of...

4th Circuit Rules on Overbroad First Amendment Restrictions on Alcohol Advertisements in College Newspapers

Date: Sep 26, 2013

4th Circuit Rules on Overbroad First Amendment Restrictions on Alcohol Advertisements in College Newspapers Introduction In the case of Educational Media Company at Virginia Tech, Inc. v. Cavalier...

Clarifying the Elrod–Branti Doctrine: Political Disloyalty and First Amendment Rights in the Fourth Circuit

Date: Sep 24, 2013

Clarifying the Elrod–Branti Doctrine: Political Disloyalty and First Amendment Rights in the Fourth Circuit Disclaimer: This commentary is intended for informational purposes only and does not...

Limits on Relitigation of Direct Appeal Issues in §2255 Proceedings and the Application of Apprendi: United States v. Dyess

Date: Sep 17, 2013

Limits on Relitigation of Direct Appeal Issues in §2255 Proceedings and the Application of Apprendi: United States v. Dyess Introduction United States of America v. Calvin Douglas Dyess (730 F.3d...

Recognition of Inmate's Religious Name and Retaliation Protections Under First Amendment: Green v. Beck

Date: Aug 28, 2013

Recognition of Inmate's Religious Name and Retaliation Protections Under First Amendment: Green v. Beck Introduction In Green v. Beck, the United States Court of Appeals for the Fourth Circuit...

Federal Jurisdiction Affirmed Over Public Trust Land Use: Toloczko v. Town of Nags Head

Date: Aug 28, 2013

Federal Jurisdiction Affirmed Over Public Trust Land Use: Toloczko v. Town of Nags Head Introduction In the case of Town of Nags Head v. Toloczko, the United States Court of Appeals for the Fourth...

Fourth Circuit Establishes Limits on Modified Categorical Approach for Sexual Abuse Convictions under USSG §2L1.2

Date: Aug 27, 2013

Fourth Circuit Establishes Limits on Modified Categorical Approach for Sexual Abuse Convictions under USSG §2L1.2 Introduction The case of United States of America v. Hans Elvin Cabrera–Umanzor (728...

Reiterating Brady and Giglio Protections Against Government Discovery Abuses: Analysis of United States v. Bartko

Date: Aug 24, 2013

Reiterating Brady and Giglio Protections Against Government Discovery Abuses: Analysis of United States v. Bartko Introduction United States v. Gregory Bartko is a significant appellate decision...

Simmons Retroactivity: Redefining Felony Criteria under 18 U.S.C. § 922(g)(1)

Date: Aug 22, 2013

Simmons Retroactivity: Redefining Felony Criteria under 18 U.S.C. § 922(g)(1) Introduction The case of Gordon Lee Miller v. United States of America presents a pivotal moment in the interpretation of...

Qualified Immunity Protected Correctional Officer Under Pre-Wilkins Standards: Hill v. Crum

Date: Aug 15, 2013

Qualified Immunity Protected Correctional Officer Under Pre-Wilkins Standards: Hill v. Crum Introduction Hill v. Crum, 727 F.3d 312 (4th Cir. 2013), addresses the complex interplay between the...

Fourth Circuit Establishes Limits on Residual Clause for Crimes Involving Minimal Physical Contact

Date: Aug 14, 2013

Fourth Circuit Establishes Limits on Residual Clause for Crimes Involving Minimal Physical Contact Introduction In the case of United States of America v. Jolon Devon Carthorne, Sr., the United...

Qualified Immunity Affirmed in Fourth Amendment Seizure Based on Civil Immigration Warrant

Date: Aug 8, 2013

Qualified Immunity Affirmed in Fourth Amendment Seizure Based on Civil Immigration Warrant Introduction In the case of Roxana Orellana Santos v. Frederick County Board of Commissioners, the United...

Deliberate Indifference in Prison Healthcare: Insights from King v. United States

Date: Aug 1, 2013

Deliberate Indifference in Prison Healthcare: Insights from King v. United States Introduction King v. United States is a significant case decided by the United States Court of Appeals for the Fourth...

Fourth Circuit Affirms TCPA's Applicability to Political Robocalls

Date: Jul 30, 2013

Fourth Circuit Affirms TCPA's Applicability to Political Robocalls Introduction In the case of State of Maryland, Office of the Attorney General v. Universal Elections, Inc.; Julius Henson, decided...

Asserting Waiver of State-Litigation Requirement: Sansotta v. Town of Nags Head

Date: Jul 26, 2013

Asserting Waiver of State-Litigation Requirement: Sansotta v. Town of Nags Head Introduction In Trustee Roc F. Sansotta, Trustee and Executor for Estate of Father Joseph Klaus; Roc F. Sansotta,...