4th Circuit Case Commentaries

Fourth Circuit Clarifies Prima Facie Standard for Reopening Removal Proceedings Based on Bona Fide Marriage

Date: Apr 23, 2025

Fourth Circuit Clarifies Prima Facie Standard for Reopening Removal Proceedings Based on Bona Fide Marriage Introduction This commentary examines the United States Court of Appeals for the Fourth...

Clarifying the Prima Facie Standard for Reopening Removal Proceedings Based on Subsequent Bona Fide Marriages

Date: Apr 23, 2025

Clarifying the Prima Facie Standard for Reopening Removal Proceedings Based on Subsequent Bona Fide Marriages Introduction This case arises from petitions for review brought by Ansar Hassen Hussen,...

Defining “Extreme Deprivation”: Eighth Amendment Conditions of Confinement and Qualified Immunity for Hospitalized Inmates

Date: Apr 22, 2025

Defining “Extreme Deprivation”: Eighth Amendment Conditions of Confinement and Qualified Immunity for Hospitalized Inmates Introduction Derrick Coleman and Tangy Coleman (collectively, “Appellants”)...

Res Gestae Evidence and Anonymous Jury Safeguards in Federal Threat Prosecutions: United States v. Beeman

Date: Apr 19, 2025

Res Gestae Evidence and Anonymous Jury Safeguards in Federal Threat Prosecutions: United States v. Beeman Introduction United States v. Brock Beeman, decided by the Fourth Circuit on April 18, 2025,...

Limiting BIA Factfinding on Government Acquiescence in CAT Claims

Date: Apr 19, 2025

Limiting BIA Factfinding on Government Acquiescence in CAT Claims Introduction Mirna Lisette Garay-Campos, a Salvadoran national, and her minor daughter sought asylum, withholding of removal, and...

Extension of Fiduciary Obligations Through Post-Closing Adjustment Period and Release Exception in Mergers

Date: Apr 18, 2025

Extension of Fiduciary Obligations Through Post-Closing Adjustment Period and Release Exception in Mergers Introduction In Vincent P. Mona v. David F. McKay, the United States Court of Appeals for...

Fourth Circuit Clarifies Narrow Scope of Earmarking, Trust and §541(b)(1) Exclusions in Bankruptcy Estates

Date: Apr 18, 2025

Fourth Circuit Clarifies Narrow Scope of Earmarking, Trust and §541(b)(1) Exclusions in Bankruptcy Estates Introduction In In re: Star Development Group, LLC, the Fourth Circuit addressed whether $1...

FTCA Judgment Bar Precludes Bivens Claims for the Same Underlying Conduct

Date: Apr 17, 2025

FTCA Judgment Bar Precludes Bivens Claims for the Same Underlying Conduct Introduction The Fourth Circuit’s decision in Justin Longworth v. A. Mansukhani, 21-7609 (4th Cir. Apr. 16, 2025),...

Rejecting Presumptive Fee Matrix Reliance: Fourth Circuit’s Rule on FLSA Attorney’s Fees

Date: Apr 16, 2025

Rejecting Presumptive Fee Matrix Reliance: Fourth Circuit’s Rule on FLSA Attorney’s Fees Introduction In Arriaza De Paredes v. Zen Nails Studio LLC, the Fourth Circuit clarified the proper approach a...

Circumstantial Authentication of Video Evidence under Fed. R. Evid. 901 and Limits on Lay Opinion Identification: United States v. Sandoval-Rodriguez

Date: Apr 15, 2025

Circumstantial Authentication of Video Evidence under Fed. R. Evid. 901 and Limits on Lay Opinion Identification: United States v. Sandoval-Rodriguez Introduction The Fourth Circuit’s unpublished...

Demand-Triggered Default Interest and Inclusive Fee-Shifting in Commercial Leases: NCO Financial Systems, Inc. v. Montgomery Park, LLC

Date: Apr 15, 2025

Demand-Triggered Default Interest and Inclusive Fee-Shifting in Commercial Leases: NCO Financial Systems, Inc. v. Montgomery Park, LLC Introduction This commentary examines the Fourth Circuit’s...

Ensuring Knowing and Voluntary Appeal Waivers in Plea Agreements: The Severance Remedy and Miscarriage of Justice Exception

Date: Apr 15, 2025

Ensuring Knowing and Voluntary Appeal Waivers in Plea Agreements: The Severance Remedy and Miscarriage of Justice Exception Introduction United States v. Quamaine Smith is a Fourth Circuit decision...

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4th Circuit Case Commentaries

Fourth Circuit Clarifies Prima Facie Standard for Reopening Removal Proceedings Based on Bona Fide Marriage

Clarifying the Prima Facie Standard for Reopening Removal Proceedings Based on Subsequent Bona Fide Marriages

Defining “Extreme Deprivation”: Eighth Amendment Conditions of Confinement and Qualified Immunity for Hospitalized Inmates

Res Gestae Evidence and Anonymous Jury Safeguards in Federal Threat Prosecutions: United States v. Beeman

Limiting BIA Factfinding on Government Acquiescence in CAT Claims

Extension of Fiduciary Obligations Through Post-Closing Adjustment Period and Release Exception in Mergers

Fourth Circuit Clarifies Narrow Scope of Earmarking, Trust and §541(b)(1) Exclusions in Bankruptcy Estates

FTCA Judgment Bar Precludes Bivens Claims for the Same Underlying Conduct

Rejecting Presumptive Fee Matrix Reliance: Fourth Circuit’s Rule on FLSA Attorney’s Fees

Circumstantial Authentication of Video Evidence under Fed. R. Evid. 901 and Limits on Lay Opinion Identification: United States v. Sandoval-Rodriguez

Demand-Triggered Default Interest and Inclusive Fee-Shifting in Commercial Leases: NCO Financial Systems, Inc. v. Montgomery Park, LLC

Ensuring Knowing and Voluntary Appeal Waivers in Plea Agreements: The Severance Remedy and Miscarriage of Justice Exception

Enforcement of Certified-Mail Notice and Non-Waiver Clauses in Contract Terminations

Clarifying “Causing” Under U.S.S.G. §2G2.2(c)(1): Temporal Nexus Requirement in Child Exploitation Sentencing

Subjective Knowledge of Unauthorized Conduct Required for Conviction under 21 U.S.C. § 841

Permissible Accent-Based Peremptory Challenges and Eleven-Member Jury Procedure Under Federal Rule 23(b)

Permissibility of Accent-Based Peremptory Strikes and Eleven-Member Jury under Fed. R. Crim. P. 23(b)

Virginia Petit Larceny as Categorically a Crime Involving Moral Turpitude

Strategic Counsel Decisions and the Strickland Standard: Clarifying Effective Assistance in United States v. Powell

Categorical Moral Turpitude in Virginia Petit Larceny: Chavez v. Bondi Precedent