4th Circuit Case Commentaries

Substantial Evidence and Credibility in Asylum Determinations: Insights from Djadjou v. Holder

Date: Dec 6, 2011

Substantial Evidence and Credibility in Asylum Determinations: Insights from Djadjou v. Holder Introduction The case of Pulcherie Tekeu Djadjou v. Eric H. Holder, Jr., decided by the United States...

Clarifying Appeals Council Procedures in Social Security Disability Appeals: Meyer v. Astrue Commentary

Date: Dec 3, 2011

Clarifying Appeals Council Procedures in Social Security Disability Appeals: Meyer v. Astrue Commentary Introduction The case of Maurice E. Meyer, III v. Michael J. Astrue addresses the procedural...

Comparative Bullet Lead Analysis and Due Process: Insights from United States v. Higgs

Date: Nov 24, 2011

Comparative Bullet Lead Analysis and Due Process: Insights from United States v. Higgs Introduction In United States v. Higgs, 663 F.3d 726 (4th Cir. 2011), the United States Court of Appeals for the...

Elmore v. Ozmint: Establishing a Precedent on Ineffective Assistance of Counsel

Date: Nov 23, 2011

Elmore v. Ozmint: Establishing a Precedent on Ineffective Assistance of Counsel Introduction Edward Lee Elmore v. Jon Ozmint, Director, South Carolina Department of Corrections; Henry McMaster,...

Pan-American Products Holdings v. R.T.G. Furniture Corp.: Personal Jurisdiction and Copyright Preemption in State Law Claims

Date: Nov 15, 2011

Pan-American Products Holdings v. R.T.G. Furniture Corp.: Personal Jurisdiction and Copyright Preemption in State Law Claims Introduction The case of Pan-American Products Holdings, LLC (Plaintiff)...

Clarifying the Boundaries of the Armed Career Criminal Act: The Vann Decision

Date: Oct 12, 2011

Clarifying the Boundaries of the Armed Career Criminal Act: The Vann Decision Introduction The case of United States of America v. Torrell Chuvala Vann, 660 F.3d 771 (4th Cir. 2011), represents a...

Comprehensive Commentary on Johnson v. BAC Home Loans Servicing: Dismissal of FDCPA Claims

Date: Sep 30, 2011

Dismissal of FDCPA Claims in Johnson v. BAC Home Loans Servicing Introduction In the case of Rosa H. Johnson and Edgar W. Johnson v. BAC Home Loans Servicing, LP, decided on September 29, 2011, the...

KNC v. Alcolac: Fourth Circuit Excludes Corporations from TVPA and Mandates Purposeful Aid for ATS Liability

Date: Sep 20, 2011

KNC v. Alcolac: Fourth Circuit Excludes Corporations from TVPA and Mandates Purposeful Aid for ATS Liability Introduction In KNC v. Alcolac, Inc., the United States Court of Appeals for the Fourth...

Ceres Marine Terminals Inc. v. Robert Green: Reinforcing the Burden of Proof in LHWCA Claims

Date: Sep 7, 2011

Ceres Marine Terminals Inc. v. Robert Green: Reinforcing the Burden of Proof in LHWCA Claims Introduction In the case of Ceres Marine Terminals, Inc. v. Robert Green, decided by the United States...

Fourth Circuit Affirms Dismissal in ASWAN v. Commonwealth of Virginia: Emphasis on Statute of Limitations and Specificity in Conspiracy Claims

Date: Aug 25, 2011

Fourth Circuit Affirms Dismissal in ASWAN v. Commonwealth of Virginia: Emphasis on Statute of Limitations and Specificity in Conspiracy Claims Introduction In the case of A Society Without a Name,...

Affirmation of Denial of Preliminary Injunction in Retiree Healthcare Benefits Case

Date: Aug 23, 2011

Affirmation of Denial of Preliminary Injunction in Retiree Healthcare Benefits Case Introduction The case of Harold Dewhurst and David Bryan v. Century Aluminum Company (649 F.3d 287) presents a...

Federal Sentencing Enhancements and Prior State Convictions: Insights from United States v. Simmons

Date: Aug 18, 2011

Federal Sentencing Enhancements and Prior State Convictions: Insights from United States v. Simmons Introduction In the case of United States of America v. Jason Edward Simmons, adjudicated by the...

Refusal to Consent Does Not Constitute Reasonable Suspicion: United States v. Massenburg

Date: Aug 16, 2011

Refusal to Consent Does Not Constitute Reasonable Suspicion: United States v. Massenburg (4th Cir. 2011) Introduction United States v. Tyerail D. Massenburg is a pivotal case adjudicated by the...

Affirmation of Disability Determination Standards in Social Security Appeals

Date: Aug 11, 2011

Affirmation of Disability Determination Standards in Social Security Appeals Introduction The case of Betty B. Thompson v. Michael J. Astrue adjudicated by the United States Court of Appeals for the...

Fourth Circuit Vacates Summary Judgment in Okoli v. City of Baltimore: Establishing Enhanced Standards for Hostile Work Environment Claims

Date: Aug 9, 2011

Fourth Circuit Vacates Summary Judgment in Okoli v. City of Baltimore: Establishing Enhanced Standards for Hostile Work Environment Claims Introduction In the landmark case of Katrina Okoli v. City...

Qualified Immunity in Correctional Facility Searches: Braun v. Maynard Establishes New Precedent

Date: Jul 22, 2011

Qualified Immunity in Correctional Facility Searches: Braun v. Maynard Establishes New Precedent Introduction Braun et al. v. Maynard et al. is a landmark case adjudicated by the United States Court...

Objective Reasonableness in Mistaken Use of Force: Fourth Circuit Reverses Qualified Immunity in HENRY v. PURNELL

Date: Jul 15, 2011

Objective Reasonableness in Mistaken Use of Force: Fourth Circuit Reverses Qualified Immunity in HENRY v. PURNELL Introduction In the case of Frederick P. Henry v. Robert Purnell, decided by the...

Strict Application of Rule 60(b)(6) in Military Jurisdiction Exhaustion: A Comprehensive Analysis of AIKENS v. INGRAM

Date: Jul 14, 2011

Strict Application of Rule 60(b)(6) in Military Jurisdiction Exhaustion: A Comprehensive Analysis of AIKENS v. INGRAM Case: Frederick Aikens v. William E. Ingram, Jr., et al. Court: United States...

Fourth Circuit Overrules Davis on Ballot Petition Residency Requirements

Date: Jul 7, 2011

Fourth Circuit Overrules Davis on Ballot Petition Residency Requirements Introduction The case of Herb Lux et al. v. Charles E. Judd et al. represents a significant legal challenge to Virginia's...

Chesapeake Bay Foundation v. Severstal Sparrows Point: Defining the Boundaries of RCRA and CWA Citizen Suits

Date: Jul 6, 2011

Chesapeake Bay Foundation v. Severstal Sparrows Point: Defining the Boundaries of RCRA and CWA Citizen Suits Introduction The case of Chesapeake Bay Foundation, Inc., et al. v. Severstal Sparrows...