NAGPRA Repatriation Extends to Buried Remains Intentionally Held in Federal Cemeteries as a “Holding or Collection” Introduction Winnebago Tribe of Nebraska v. United States Department of the Army is...
Harmless-Error Treatment of Erlinger “Different Occasions” Violations After Guilty Pleas Under the ACCA (Fourth Circuit) Introduction In United States v. Lawrence Anderson (4th Cir. May 12, 2026)...
Mandatory Criminal Forfeiture Under 28 U.S.C. § 2461(c) Despite Restitution; Subpoena-Generated Carrier Spreadsheets as Non-Testimonial Business Records Case: United States v. Rami Mahmod Mhana (4th...
Consensual On-Duty Sexual Misconduct Does Not Provide Monell Notice of Sexual Assault Risk; “Red Flags” Must Indicate Similar Propensity for Negligent Hiring 1. Introduction In Shannon Mullen v. Town...
Virginia Whistleblower Claims Require an Objectively Reasonable Belief of a Specific Legal Violation Introduction In James Edward Workman v. LHC Group, Inc. (4th Cir. May 8, 2026) (unpublished), the...
Incorporation-by-Reference and Detailed Revocation Petitions Satisfy Due Process and Rogers in Supervised-Release Revocations Introduction In United States v. Eric Whitener (4th Cir. May 8, 2026)...
Diahn v. Blanche: Fourth Circuit Requires Immigration Judges to Actively Develop the Record and Provide Clear, Practical Notice for Pro Se Detained Respondents I. Introduction Trokon Diahn v. Todd...
Diahn v. Blanche: Immigration Judges Must Actively Develop the Record for Pro Se, Detained Respondents—Including Clear Guidance on Corroboration, Witnesses, and Where/When to File Evidence 1....
Diahn v. Blanche: Expanded Statutory Duty of Immigration Judges to Develop the Record for Pro Se, Detained Respondents—Including Clear Notice on Evidence Submission and Witness Procedures I....
FOIA Exemption 5 Protects PTAB Draft Decisions Circulated to Nonpanel Judges; No “Government Misconduct” Exception Introduction In Josh Malone v. United States Patent & Trademark Office (4th Cir. May...
American Pipe Tolling for Title VII Right-to-Sue Deadlines Ends When Class Status Is Denied (Not Through Appeal or Certiorari) 1. Introduction Kristen Grace v. RTX Corporation is an unpublished per...
United States v. Hatchet Speed: Non-Operable “Solvent Traps” Can Be NFA Silencers by Objective Design, and NFA Silencer Registration Is Treated as a Presumptively Constitutional Shall-Issue Regime 1....
FTCA Time Bar Is Nonjurisdictional: Courts May Reach Merits; SF95 Must Fairly Present a Discrimination Theory Introduction In Estate of Katherine Monica Vickers v. United States (4th Cir. May 4,...
Spurlock v. Wexford: Standing for Injunctive Classes May Require Remand; Absent-Member Standing Is Not a Pre-Certification Prerequisite for (b)(3) Damages Certification I. Introduction Case: Lauren...
Takings Claims Require Ownership of the Taken Property (Standing May Exist Without a Meritorious Takings Right) Case: Poppleton Now Community Association, Inc. v. La Cite Development, LLC Court:...
Fourth Circuit Limits Sua Sponte Remands: Non-Jurisdictional Removal Defects Must Be Raised by a Timely Party Motion Under 28 U.S.C. § 1447(c) Case: ColonialWebb Contractors Company v. Hill Phoenix,...
AIR21 Back-Pay Mitigation Requires “Reasonable Diligence,” Not a “Gross or Egregious Misconduct” Threshold 1. Introduction Exclusive Jets, LLC v. United States Department of Labor, Administrative...
Ruffin v. Davis: Deadly Force Against an Armed, Fleeing Suspect Is Unconstitutional (and Clearly Established) Absent a Furtive or Threatening Weapon Movement 1. Introduction Brittany Ruffin v. Kevin...
United States v. Bourabah: Disagreement with Counsel’s Strategy—Even if Framed as “Breakdown”—Does Not Require Substitution on the Eve of Trial, and Does Not Justify Withdrawing an Alford Plea Months...
United States v. Bourabah: Late-Eve Substitution Limits, Alford-Plea Withdrawal Standards, and Upward Departures for Extreme Cyberstalking Harm Court: Court of Appeals for the Fourth Circuit Date:...