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  • Commentaries
  • Judgments

4th Circuit Case Commentaries

Expressio Unius Exclusio: Omission of “Successors and Assigns” Language Precludes Covenants from Running with the Land

Expressio Unius Exclusio: Omission of “Successors and Assigns” Language Precludes Covenants from Running with the Land

Date: May 28, 2025
Expressio Unius Exclusio: Omission of “Successors and Assigns” Language Precludes Covenants from Running with the Land Introduction Snowshoe Mountain, Inc. v. Ruby Dog Holdings, LLC (4th Cir. May 27,...
Express Aiming and Personal Jurisdiction Limits for Foreign Technology Defendants: NSO Group v. Khashoggi

Express Aiming and Personal Jurisdiction Limits for Foreign Technology Defendants: NSO Group v. Khashoggi

Date: May 22, 2025
Express Aiming and Personal Jurisdiction Limits for Foreign Technology Defendants: NSO Group v. Khashoggi Introduction In Hanan Elatr Khashoggi v. NSO Group Technologies Limited (Fourth Circuit, May...
Express Aiming Requirement for Specific Personal Jurisdiction in Cross-Border Cyber Surveillance

Express Aiming Requirement for Specific Personal Jurisdiction in Cross-Border Cyber Surveillance

Date: May 22, 2025
Express Aiming Requirement for Specific Personal Jurisdiction in Cross-Border Cyber Surveillance Introduction This commentary analyzes the Fourth Circuit’s decision in Hanan Elatr Khashoggi v. NSO...
Barnhill v. Bondi: Clarifying Causation and the Limits of the Cat’s Paw Doctrine in Title VII Retaliation Claims

Barnhill v. Bondi: Clarifying Causation and the Limits of the Cat’s Paw Doctrine in Title VII Retaliation Claims

Date: May 16, 2025
Barnhill v. Bondi: Clarifying Causation and the Limits of the Cat’s Paw Doctrine in Title VII Retaliation Claims Introduction The Fourth Circuit’s published decision in Lisa Barnhill v. Pamela Bondi,...
Treating Physician Opinion Rule: Narrative Requirement and Validation of Subjective Evidence in Mental Health Disability Determinations

Treating Physician Opinion Rule: Narrative Requirement and Validation of Subjective Evidence in Mental Health Disability Determinations

Date: May 16, 2025
Treating Physician Opinion Rule: Narrative Requirement and Validation of Subjective Evidence in Mental Health Disability Determinations Introduction Krista Kay Miller filed applications for...
Independent Source Doctrine and Lascivious Exhibition Standards Clarified in United States v. Deritis

Independent Source Doctrine and Lascivious Exhibition Standards Clarified in United States v. Deritis

Date: May 15, 2025
Independent Source Doctrine and Lascivious Exhibition Standards Clarified in United States v. Deritis 1. Introduction United States v. Vincent Deritis, No. 23-4150 (4th Cir. May 14, 2025), presents a...
Constitutionality of Permanent Firearm Prohibition for Domestic Violence Misdemeanants under the Second Amendment

Constitutionality of Permanent Firearm Prohibition for Domestic Violence Misdemeanants under the Second Amendment

Date: May 15, 2025
Constitutionality of Permanent Firearm Prohibition for Domestic Violence Misdemeanants under the Second Amendment Introduction This commentary examines the Fourth Circuit’s decision in United States...
Scope of Discretionary Authority and Jurisdictional Limits in Qualified Immunity Interlocutory Appeals

Scope of Discretionary Authority and Jurisdictional Limits in Qualified Immunity Interlocutory Appeals

Date: May 15, 2025
Scope of Discretionary Authority and Jurisdictional Limits in Qualified Immunity Interlocutory Appeals Introduction The Fourth Circuit’s unpublished per curiam decision in Katrina Reeves v. Howard...
Causal Link Requirement for Standing in Immigration Stay Procedure Challenges

Causal Link Requirement for Standing in Immigration Stay Procedure Challenges

Date: May 15, 2025
Causal Link Requirement for Standing in Immigration Stay Procedure Challenges Introduction The Fourth Circuit’s decision in Yeison Ortiz v. Kristi Noem establishes a clear principle: to challenge the...
Affirmative Acts Tolling Rule: Unwritten “No-Poach” Conspiracies and the Sherman Act Statute of Limitations

Affirmative Acts Tolling Rule: Unwritten “No-Poach” Conspiracies and the Sherman Act Statute of Limitations

Date: May 10, 2025
Affirmative Acts Tolling Rule: Unwritten “No-Poach” Conspiracies and the Sherman Act Statute of Limitations Introduction This commentary examines the United States Court of Appeals for the Fourth...
Restricting the Substantial Identity Exception Under Title VII’s Exhaustion Requirement

Restricting the Substantial Identity Exception Under Title VII’s Exhaustion Requirement

Date: May 10, 2025
Restricting the Substantial Identity Exception Under Title VII’s Exhaustion Requirement Introduction Harry A. Bolden, a Black male former billing specialist at CAEI, brought suit against CAEI and its...
Requirement of Reasoned Explanation for Denial of Asylum Based on Private‐Actor Persecution

Requirement of Reasoned Explanation for Denial of Asylum Based on Private‐Actor Persecution

Date: May 8, 2025
Requirement of Reasoned Explanation for Denial of Asylum Based on Private‐Actor Persecution Introduction In the unpublished per curiam decision Yamilet Del Carmen Garcia Chavez v. Pamela Bondi, No....
Ensuring Material Consistency in Supervised Release Conditions under Rogers: United States v. Aughenbaugh

Ensuring Material Consistency in Supervised Release Conditions under Rogers: United States v. Aughenbaugh

Date: May 8, 2025
Ensuring Material Consistency in Supervised Release Conditions under Rogers: United States v. Aughenbaugh Introduction In United States v. Ryan Aughenbaugh, decided May 7, 2025, the Fourth Circuit...
Fourth Circuit Clarifies Noerr-Pennington Immunity for Contested TCPA Suits: Sham Litigation Exception Refined

Fourth Circuit Clarifies Noerr-Pennington Immunity for Contested TCPA Suits: Sham Litigation Exception Refined

Date: May 7, 2025
Fourth Circuit Clarifies Noerr-Pennington Immunity for Contested TCPA Suits: Sham Litigation Exception Refined Introduction This case arises from a 2019 suit brought by Navient Solutions, LLC...
Judicial Determination of Felony Status as a Question of Law: United States v. Steven Fulton

Judicial Determination of Felony Status as a Question of Law: United States v. Steven Fulton

Date: May 7, 2025
Judicial Determination of Felony Status as a Question of Law: United States v. Steven Fulton Introduction United States v. Steven Fulton, decided May 6, 2025 by the U.S. Court of Appeals for the...
Materiality of Omitted Administrative Rulings in Probable Cause Determinations

Materiality of Omitted Administrative Rulings in Probable Cause Determinations

Date: May 7, 2025
Materiality of Omitted Administrative Rulings in Probable Cause Determinations Introduction Megan Hedgepeth v. Nash County is an unpublished Fourth Circuit decision addressing the interplay between...
Incorporation of Standard Supervised-Release Conditions and Controlled Substance Offense Clarification under the Fourth Circuit Sentencing Guidelines

Incorporation of Standard Supervised-Release Conditions and Controlled Substance Offense Clarification under the Fourth Circuit Sentencing Guidelines

Date: May 7, 2025
Incorporation of Standard Supervised-Release Conditions and Controlled Substance Offense Clarification under the Fourth Circuit Sentencing Guidelines Introduction The Fourth Circuit’s unpublished per...
Defining the Boundaries of Noerr-Pennington Immunity for Litigation Series: Navient v. Lohman

Defining the Boundaries of Noerr-Pennington Immunity for Litigation Series: Navient v. Lohman

Date: May 7, 2025
Defining the Boundaries of Noerr-Pennington Immunity for Litigation Series: Navient v. Lohman Introduction In Navient Solutions, LLC v. Jeffrey Lohman, 23-2109 & 23-2163 (4th Cir. 2025), the U.S....
Availability of Administrative Remedies under the PLRA Not Excused by Initial Mishandling of Grievance Forms

Availability of Administrative Remedies under the PLRA Not Excused by Initial Mishandling of Grievance Forms

Date: May 6, 2025
Availability of Administrative Remedies under the PLRA Not Excused by Initial Mishandling of Grievance Forms Introduction This case arises from a pro se lawsuit filed by Gary Porter, an inmate at...
Recognition of Foreign‐Law Enforcement Tips as Sufficient Basis for Probable Cause in Dark Web Child Pornography Investigations

Recognition of Foreign‐Law Enforcement Tips as Sufficient Basis for Probable Cause in Dark Web Child Pornography Investigations

Date: May 2, 2025
Recognition of Foreign‐Law Enforcement Tips as Sufficient Basis for Probable Cause in Dark Web Child Pornography Investigations Introduction The Fourth Circuit’s decision in United States v. Raymond...
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