New York Convention Enforcement: FAR/DOSAR Non-Application Does Not Trigger the Public-Policy Exception; Tribunal “Expert” Selection Reviewed for Reasonable Construction of Rules 1. Introduction In...
Fourth Circuit Abrogates “Multiplicative” Likelihood-of-Success Test for Preliminary Injunctions and Recognizes Intrusion-upon-Seclusion Standing for Unauthorized Government Data Access Case:...
Mis-Captioned “Motion to Compel” Seeking Extra-FAA Relief Forfeits Interlocutory Review; Orders Maintaining a Stay/Directing Arbitration Are Unappealable Under FAA § 16(b) Case: Geneva Enterprises,...
Riley Does Not Displace T.L.O.: Reasonable-Suspicion Cell-Phone Searches by School Officials Remain Permissible in the Fourth Circuit I. Introduction In O.W. v. Marie L. Carr (4th Cir. Apr. 9, 2026),...
Rule 43 Sentencing Errors and the Rogers–Singletary Debate: Re-centering the Written Judgment as the Operative Sentence Introduction United States v. John McLaurin comes to the Fourth Circuit in an...
Wolf Run Mining Co. v. DOWCP: In 15-Year Presumption Cases, Employers Must Affirmatively Exclude Coal-Dust Causation; ALJs May Use the 2000 Preamble to Test Medical Reasoning Court: United States...
Perry v. Marteney: Medical-Only School Vaccination Exemptions Remain “Generally Applicable”; Mahmoud/Yoder Parental-Rights Strict Scrutiny Does Not Displace Jacobson/Prince in Public-Health Mandates...
Undue Influence Can Void a Municipal Sewer-Backup Release When Emergency Need and Disparity Create a Jury Question (Fourth Circuit Applying North Carolina Law) Case: Stephanie Walker v. City of...
Fourth Circuit: A Vacated Legal-Pornography Ban May Be Reimposed When New Individualized Evidence Emerges, and the Prior Mandate Is Not a Perpetual Bar Case: United States v. Joseph Castellano (4th...
Fourth Circuit: NCAA Five-Year/JUCO Eligibility Rules Are Commercial Under the Sherman Act, but Mandatory Preliminary Injunctions Require Full Rule-of-Reason and a Proven Market Introduction In...
Whistleblower IRA Claims: OSC Exhaustion Requires a Retaliation Theory and Supporting Facts; Agencies May Defeat Prima Facie Retaliation by Clear-and-Convincing “Same Action” Proof Under Carr Case:...
Grave-Risk Findings and Discretionary Non-Return Under the Hague Convention Need Not Address Every Proposed Safeguard Explicitly Introduction In Affachao Abdon Samey v. Grace Aguegue (4th Cir. Apr....
“All Possible Claims and Counterclaims” Dismissal in a Settlement Precludes Later Federal Lanham Act Suits, and May Be Enforced via Rule 54(b) Reconsideration I. Introduction Clear Touch Interactive,...
Settlement “Dismissal of All Possible Claims and Counterclaims” Triggers Res Judicata to Bar Later Federal Lanham Act Claims Introduction Clear Touch Interactive, Inc. v. The Ockers Company (4th Cir....
States May Not Add Delivery/Data Conditions to the Federal 340B Spending-Power Bargain: Targeted 340B-Participant Statutes Are Likely Preempted 1. Introduction In Pharmaceutical Research and...
States May Not Add Conditions to the Federal 340B Spending-Power Bargain: Targeted “Contract-Pharmacy Delivery” Mandates Are Likely Preempted Case: Pharmaceutical Research and Manufacturers of...
Spending-Power Bargain Preemption: States May Not Add Conditions to the Federal 340B Manufacturer–Covered Entity Relationship Case: Pharmaceutical Research & Manufacturers of America v. John McCuskey...
Title VII Vaccine-Mandate Pleading Rule: Minimal Notice of a Religious Conflict (Including Fetal-Cell Objections) Suffices Despite Mixed Secular Reasons Case: Rod Jenkins v. Valley Health System (No....
United States v. Tostado: Defendants Have Standing to Appeal Rogers–Singletary Errors, and Material Oral/Written Discrepancies in Search Conditions Require Full Resentencing 1. Introduction In United...
Limits of Liberal Construction in PLRA Screening: The “Essential Grievance” Rule for Pro Se Prisoner Pleadings Introduction Daniel Jackson v. D. Dameron (4th Cir. Mar. 30, 2026) addresses how far a...