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4th Circuit Case Commentaries

Brown v. Stapleton: Due-Process Protection for Prison Trust-Account Funds and the Limits of Sandin

Brown v. Stapleton: Due-Process Protection for Prison Trust-Account Funds and the Limits of Sandin

Date: Jul 3, 2025
Brown v. Stapleton: Due-Process Protection for Prison Trust-Account Funds and the Limits of Sandin 1. Introduction In Demmerick Eric Brown v. Karen Stapleton, the United States Court of Appeals for...
Younger-Based Dismissals Are NOT § 1915(g) “Strikes” & Strikes Are Counted Only as of the Filing Date: Burrell v. Shirley (4th Cir. 2025)

Younger-Based Dismissals Are NOT § 1915(g) “Strikes” & Strikes Are Counted Only as of the Filing Date: Burrell v. Shirley (4th Cir. 2025)

Date: Jul 3, 2025
Younger-Based Dismissals Are NOT § 1915(g) “Strikes” & Strikes Are Counted Only as of the Filing Date: Burrell v. Shirley, 4th Cir. 2025 1. Introduction In Burrell v. Shirley, No. 23-6791 (4th Cir....
“But-For” Means “One Of,” Not “The Only”: The Fourth Circuit’s Clarification of Causation in Title VII Retaliation – Commentary on LaShaun Curry v. South Carolina State Election Commission (4th Cir. 2025)

“But-For” Means “One Of,” Not “The Only”: The Fourth Circuit’s Clarification of Causation in Title VII Retaliation – Commentary on LaShaun Curry v. South Carolina State Election Commission (4th Cir. 2025)

Date: Jul 3, 2025
“But-For” Means “One Of,” Not “The Only”: The Fourth Circuit’s Clarification of Causation in Title VII Retaliation Commentary on LaShaun Curry v. South Carolina State Election Commission (4th Cir....
When the LLC Speaks: Fourth Circuit Holds That a Single-Member LLC—Not Its Owner—Is the Contracting Party for Arbitration Purposes

When the LLC Speaks: Fourth Circuit Holds That a Single-Member LLC—Not Its Owner—Is the Contracting Party for Arbitration Purposes

Date: Jul 3, 2025
When the LLC Speaks: Fourth Circuit Holds That a Single-Member LLC—Not Its Owner—Is the Contracting Party for Arbitration Purposes Introduction In Randy Luna v. Tug Hill Operating, LLC, No. 24-1281...

Fourth-Circuit Clarifies “Joint-Venture Constructive Possession” and Plain-Error Limits on Competency Challenges – A Commentary on United States v. Cristian Cabrera-Rivas (2025)

Fourth-Circuit Clarifies “Joint-Venture Constructive Possession” and Plain-Error Limits on Competency Challenges – A Commentary on United States v. Cristian Cabrera-Rivas (2025)

Date: Jul 3, 2025
Fourth-Circuit Clarifies “Joint-Venture Constructive Possession” and Plain-Error Limits on Competency Challenges A Comprehensive Commentary on United States v. Cristian Cabrera-Rivas, 93 F.4th ___...
“Total Relevant Conduct” Means Total: United States v. Dehaven Craig and the Limits on Government-Sought Guideline Enhancements

“Total Relevant Conduct” Means Total: United States v. Dehaven Craig and the Limits on Government-Sought Guideline Enhancements

Date: Jul 3, 2025
“Total Relevant Conduct” Means Total: United States v. Dehaven Craig and the Limits on Government-Sought Guideline Enhancements Introduction On 30 June 2025 the United States Court of Appeals for the...
Fourth Circuit Clarifies that Palomar-Santiago Does Not Eliminate “Procedural-Error” Excusal under 8 U.S.C. § 1326(d)(1): A Commentary on United States v. Victor Castro-Aleman

Fourth Circuit Clarifies that Palomar-Santiago Does Not Eliminate “Procedural-Error” Excusal under 8 U.S.C. § 1326(d)(1): A Commentary on United States v. Victor Castro-Aleman

Date: Jun 29, 2025
Fourth Circuit Clarifies that Palomar-Santiago Does Not Eliminate “Procedural-Error” Excusal under 8 U.S.C. § 1326(d)(1) Commentary on United States v. Victor Castro-Aleman, 4th Cir., 26 June 2025...
Chappell v. TruckPro: Clarifying the Pre-ponderance Standard for Product Identification in South Carolina Strict-Liability Claims

Chappell v. TruckPro: Clarifying the Pre-ponderance Standard for Product Identification in South Carolina Strict-Liability Claims

Date: Jun 29, 2025
Chappell v. TruckPro, LLC – Fourth Circuit Clarifies the “Preponderance” Threshold for Linking a Product to a Distributor in South Carolina Strict-Liability Litigation 1. Introduction This commentary...
No Immediate Interaction, No State-Created Danger: Fourth Circuit Clarifies Limits of Substantive Due Process in Paton v. City of Norfolk

No Immediate Interaction, No State-Created Danger: Fourth Circuit Clarifies Limits of Substantive Due Process in Paton v. City of Norfolk

Date: Jun 29, 2025
No Immediate Interaction, No State-Created Danger: Fourth Circuit Clarifies Limits of Substantive Due Process in Paton v. City of Norfolk Introduction In Kathy Paton v. City of Norfolk, Virginia, the...

        “From Disability to Limitation”: Fourth Circuit Re-defines the Employer’s Duty of Notice
        in ADA Accommodations – Commentary on Sally Tarquinio v. Johns Hopkins University APL (4th Cir. 2025)

“From Disability to Limitation”: Fourth Circuit Re-defines the Employer’s Duty of Notice in ADA Accommodations – Commentary on Sally Tarquinio v. Johns Hopkins University APL (4th Cir. 2025)

Date: Jun 29, 2025
“From Disability to Limitation”: Fourth Circuit Re-defines the Employer’s Duty of Notice in ADA Accommodations Commentary on Sally W. Tarquinio v. Johns Hopkins University Applied Physics Laboratory,...
United States v. McCray: Clarifying the Scope of Sentencing Explanations When a Downward Variance Is Granted

United States v. McCray: Clarifying the Scope of Sentencing Explanations When a Downward Variance Is Granted

Date: Jun 29, 2025
United States v. McCray: Clarifying the Scope of Sentencing Explanations When a Downward Variance Is Granted Introduction In United States v. Fredrick Wendell McCray, No. 24-4078 (4th Cir....

        United States v. Poynter, Jr.: Fourth Circuit Re-Affirms
        The Reliability of Historical Cell-Site Analysis and Clarifies Plain-Error Review of Rule 702/403 Challenges

United States v. Poynter, Jr.: Fourth Circuit Re-Affirms The Reliability of Historical Cell-Site Analysis and Clarifies Plain-Error Review of Rule 702/403 Challenges

Date: Jun 29, 2025
United States v. Poynter, Jr.: Fourth Circuit Re-Affirms the Reliability of Historical Cell-Site Analysis and Clarifies Plain-Error Review of Rule 702/403 Challenges 1. Introduction The Fourth...
Fourth Circuit Clarifies Non-Binding Nature of EOIR OPPM 17-04 and the Limited Reach of the Accardi Doctrine in Cancellation-of-Removal Cap Cases

Fourth Circuit Clarifies Non-Binding Nature of EOIR OPPM 17-04 and the Limited Reach of the Accardi Doctrine in Cancellation-of-Removal Cap Cases

Date: Jun 27, 2025
Fourth Circuit Clarifies Non-Binding Nature of EOIR OPPM 17-04 and the Limited Reach of the Accardi Doctrine in Cancellation-of-Removal Cap Cases Introduction The published opinion in Alex Zalaya...
“The Vehicle Must Be Yours”: Erie Insurance v. Cooper and the New Limits on Mandatory UIM Offers for Non-Owned Vehicles

“The Vehicle Must Be Yours”: Erie Insurance v. Cooper and the New Limits on Mandatory UIM Offers for Non-Owned Vehicles

Date: Jun 27, 2025
“The Vehicle Must Be Yours”: Erie Insurance v. Cooper and the New Limits on Mandatory UIM Offers for Non-Owned Vehicles 1. Introduction Erie Insurance Property & Casualty Company v. James Skylar...
No Double Redress: The Fourth Circuit Bars Appeals for Nominal Damages Once Compensatory Damages Are Awarded — Commentary on Hammons v. UMMS

No Double Redress: The Fourth Circuit Bars Appeals for Nominal Damages Once Compensatory Damages Are Awarded — Commentary on Hammons v. UMMS

Date: Jun 27, 2025
No Double Redress: The Fourth Circuit Bars Appeals for Nominal Damages Once Compensatory Damages Are Awarded 1. Introduction In Jesse Hammons v. University of Maryland Medical System Corporation, the...
Fourth Circuit Tightens Appellate Standing: Compensatory Damages Foreclose Nominal Damages and Declaratory Relief

Fourth Circuit Tightens Appellate Standing: Compensatory Damages Foreclose Nominal Damages and Declaratory Relief

Date: Jun 27, 2025
Compensatory Damages as Full Redress: Hammons v. University of Maryland Medical System Corp. and the Limits of Appellate Standing for Nominal Damages 1. Introduction Jesse Hammons— a transgender man...
United States v. Duane Berry: Affirming Continued § 4241 Custody Post-Dismissal to Facilitate § 4246 Civil Commitment

United States v. Duane Berry: Affirming Continued § 4241 Custody Post-Dismissal to Facilitate § 4246 Civil Commitment

Date: Jun 27, 2025
United States v. Duane Berry: Affirming Continued § 4241 Custody Post-Dismissal to Facilitate § 4246 Civil Commitment Introduction United States v. Duane Berry, No. 24-6385 (4th Cir. June 24 2025),...
Reaffirming the Jurisdictional Limits on Interlocutory Qualified-Immunity Appeals: A Commentary on Calliste v. Lor

Reaffirming the Jurisdictional Limits on Interlocutory Qualified-Immunity Appeals: A Commentary on Calliste v. Lor

Date: Jun 27, 2025
Reaffirming the Jurisdictional Limits on Interlocutory Qualified-Immunity Appeals: A Comprehensive Commentary on Xyavier Calliste v. Officer Xeng Lor (4th Cir. 2025) 1. Introduction Background. On 31...
“Chinnery v. Kaiser” – The Fourth Circuit Reaffirms the Minimal Pleading Standard for Sincerity in Title VII Religious-Accommodation Claims

“Chinnery v. Kaiser” – The Fourth Circuit Reaffirms the Minimal Pleading Standard for Sincerity in Title VII Religious-Accommodation Claims

Date: Jun 25, 2025
Chinnery v. Kaiser: The Fourth Circuit Reaffirms the Minimal Pleading Standard for Sincerity in Title VII Religious-Accommodation Claims Introduction The unpublished opinion in Naisha Chinnery v....
United States v. Adams: Fourth Circuit Re-Affirms the “Central Thesis” Standard for Sentencing Explanations

United States v. Adams: Fourth Circuit Re-Affirms the “Central Thesis” Standard for Sentencing Explanations

Date: Jun 25, 2025
United States v. Adams: Fourth Circuit Re-Affirms the “Central Thesis” Standard for Sentencing Explanations Introduction The Fourth Circuit’s unpublished decision in United States v. Maurice Adams...
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