4th Circuit Case Commentaries

Fourth Circuit Clarifies RICO Pleading Standards: Dismissal of Civil Conspiracy Claim Against Perdue Farms for Inadequate Predicate Act Allegations

Date: Jul 6, 2012

Fourth Circuit Clarifies RICO Pleading Standards: Dismissal of Civil Conspiracy Claim Against Perdue Farms for Inadequate Predicate Act Allegations Introduction In the landmark case Bizzie Walters et...

Affirmation of Legislative Immunity in Budgetary Retaliation Claims: The Kensington Volunteer Fire Department Case

Date: Jun 28, 2012

Affirmation of Legislative Immunity in Budgetary Retaliation Claims: The Kensington Volunteer Fire Department Case Introduction The case of Kensington Volunteer Fire Department, Inc.; Augustine M....

Probable Cause in Traffic Stops: Reinforcing the Necessity of Corroboration for Visual Speed Estimates

Date: Jun 27, 2012

Probable Cause in Traffic Stops: Reinforcing the Necessity of Corroboration for Visual Speed Estimates Introduction In the landmark case United States of America v. Sean C. Sowards, the United States...

Exhaustion of Administrative Remedies under the ADA: Insights from Carolyn McKay Sydnor v. Fairfax County

Date: Jun 20, 2012

Exhaustion of Administrative Remedies under the ADA: Insights from Carolyn McKay Sydnor v. Fairfax County Introduction The case of Carolyn McKay Sydnor v. Fairfax County addresses pivotal issues...

Perry v. Kappos: Defining Disability Standards under the Rehabilitation Act

Date: Jun 14, 2012

Perry v. Kappos: Defining Disability Standards under the Rehabilitation Act Introduction In the case of Chuckwudi Perry v. David Kappos, decided by the United States Court of Appeals for the Fourth...

Predicate-Act Doctrine Extends Copyright Protections to Foreign Infringements: Fourth Circuit Sets New Precedent

Date: Jun 7, 2012

Predicate-Act Doctrine Extends Copyright Protections to Foreign Infringements: Fourth Circuit Sets New Precedent Introduction The United States Court of Appeals for the Fourth Circuit delivered a...

Mandatory Detention under 8 U.S.C. § 1226(c): HOSH v. LUCERO Establishes Deference to BIA Interpretations

Date: May 26, 2012

Mandatory Detention under 8 U.S.C. § 1226(c): HOSH v. LUCERO Establishes Deference to BIA Interpretations Introduction The case of Hosh Mohamed HOSH, Petitioner–Appellee v. Enrique LUCERO addressed a...

4th Circuit Upholds Content-Neutral Zoning Ordinance Regulating Commercial Speech in Wag More Dogs v. Arlington County

Date: May 23, 2012

4th Circuit Upholds Content-Neutral Zoning Ordinance Regulating Commercial Speech in Wag More Dogs v. Arlington County Introduction In Wag More Dogs, LLC v. Norma J. Cozart, the United States Court...

4th Circuit Affirms §1519 Conviction: Materiality Not an Element and Prosecutorial Language Approved

Date: May 17, 2012

4th Circuit Affirms §1519 Conviction: Materiality Not an Element and Prosecutorial Language Approved Introduction The case of UNITED STATES of America v. Richard W. Powell, Jr. revolves around...

Enhancing Antitrust Oversight in Real Estate MLS Operations: Insights from Robertson v. Sea Pines Real Estate Companies

Date: May 15, 2012

Enhancing Antitrust Oversight in Real Estate MLS Operations: Insights from Robertson v. Sea Pines Real Estate Companies Introduction Robertson v. Sea Pines Real Estate Companies is a landmark case...

Couch v. Jabe: Reinforcing the 'Least Restrictive Means' Standard under RLUIPA in Correctional Settings

Date: May 12, 2012

Couch v. Jabe: Reinforcing the 'Least Restrictive Means' Standard under RLUIPA in Correctional Settings Introduction The case of William R. Couch v. John M. Jabe et al. addresses critical issues at...

Greenbelt Ventures v. WMATA: Affirmation of Sovereign Immunity and the Primacy of Written Contracts in Real Estate Transactions

Date: May 12, 2012

Greenbelt Ventures v. WMATA: Affirmation of Sovereign Immunity and the Primacy of Written Contracts in Real Estate Transactions Introduction The case of Greenbelt Ventures, LLC v. Washington...

Enforcement of Rule 50(b) and Application of UDTPA in Trade Dress Infringement: Belk Inc. v. Meyer Corporation

Date: May 10, 2012

Enforcement of Rule 50(b) and Application of UDTPA in Trade Dress Infringement Introduction The case of Belk, Incorporated; Belk International, Incorporated v. Meyer Corporation, U.S.; Meyer...

Materiality Requirement for FDCPA Claims in Foreclosure Robo-Signing Dismissed: U.S. District Court for the District of Maryland Decision

Date: May 9, 2012

Materiality Requirement for FDCPA Claims in Foreclosure Robo-Signing Dismissed: U.S. District Court for the District of Maryland Decision Introduction In the case of Marjorie Stewart, et al. v....

Enhanced Admissibility of Gang-Related Evidence under RICO and VICAR: Clarifications on Rule 404(b) and Confrontation Clause Compliance

Date: May 1, 2012

Enhanced Admissibility of Gang-Related Evidence under RICO and VICAR: Clarifications on Rule 404(b) and Confrontation Clause Compliance Introduction In the landmark case United States of America v....

Affirmation of Denial of Qualified Immunity in Impersonation Case: Merchant v. Bauer

Date: Apr 27, 2012

Affirmation of Denial of Qualified Immunity in Impersonation Case: Merchant v. Bauer Introduction In the case of Rose C. Merchant, Doctor, Plaintiff–Appellee, v. Robert M. Bauer, Officer,...

Admissibility of Prior "Bad Act" Evidence: Insights from United States v. McBride

Date: Apr 24, 2012

Admissibility of Prior "Bad Act" Evidence: Insights from United States v. McBride Introduction The case of United States of America v. Fredrick Lamar McBride, decided by the United States Court of...

Ensuring Competency in Guilty Pleas: Insights from United States v. Nicholson

Date: Apr 19, 2012

Ensuring Competency in Guilty Pleas: Insights from United States v. Nicholson Introduction United States v. Nicholson, 676 F.3d 376 (4th Cir. 2012), is a pivotal case addressing the procedural...

Reaffirming Standards for Rule 33 Motions in Prosecutorial Misconduct: United States v. Chong Lam

Date: Apr 17, 2012

Reaffirming Standards for Rule 33 Motions in Prosecutorial Misconduct: United States v. Chong Lam Introduction In the landmark case of United States v. Chong Lam, the United States Court of Appeals...

ROSETTA STONE LTD. v. GOOGLE INC.: Fourth Circuit Establishes Key Trademark Infringement Precedents in Digital Advertising

Date: Apr 10, 2012

ROSETTA STONE LTD. v. GOOGLE INC.: Fourth Circuit Establishes Key Trademark Infringement Precedents in Digital Advertising Introduction In the landmark case ROSETTA STONE LTD. v. GOOGLE INC., the...