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  • Commentaries
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4th Circuit Case Commentaries

United States v. Fozard: Appeal-Waiver Boundaries and the Mandatory Remedy for Rogers Errors

United States v. Fozard: Appeal-Waiver Boundaries and the Mandatory Remedy for Rogers Errors

Date: Jun 18, 2025
United States v. Fozard: Appeal-Waiver Boundaries and the Mandatory Remedy for Rogers Errors Introduction United States v. Antonio Deon Fozard, No. 22-4679 (4th Cir. June 12, 2025) tackles the...
The “Oliver Clarification”: Integrated Sentencing Explanations Suffice for Both Custody and Supervision in Revocation Proceedings

The “Oliver Clarification”: Integrated Sentencing Explanations Suffice for Both Custody and Supervision in Revocation Proceedings

Date: Jun 18, 2025
The “Oliver Clarification”: Integrated Sentencing Explanations Suffice for Both Custody and Supervision in Revocation Proceedings Introduction United States v. Donta Oliver, No. 24-4622 (4th Cir....
Fourth Circuit Aligns Title IX Limitations Period with South Carolina’s General Personal-Injury Statute: Commentary on E.R. v. Beaufort County School District

Fourth Circuit Aligns Title IX Limitations Period with South Carolina’s General Personal-Injury Statute: Commentary on E.R. v. Beaufort County School District

Date: Jun 18, 2025
Fourth Circuit Aligns Title IX Limitations Period with South Carolina’s General Personal-Injury Statute: An In-Depth Commentary on E.R. v. Beaufort County School District I. Introduction In E.R. v....
Temporal Reach of Amended U.S.S.G. § 1B1.13 and the “Actual-Time-Served” Threshold – A Commentary on United States v. Rodney Crawley (4th Cir. 2025)

Temporal Reach of Amended U.S.S.G. § 1B1.13 and the “Actual-Time-Served” Threshold – A Commentary on United States v. Rodney Crawley (4th Cir. 2025)

Date: Jun 11, 2025
Temporal Reach of Amended U.S.S.G. § 1B1.13 and the “Actual-Time-Served” Threshold – A Commentary on United States v. Rodney Crawley (4th Cir. 2025) Introduction United States v. Rodney Crawley, No....
Grey v. Alfonso-Royals: Fourth Circuit Confirms that FOIA Exemption 7(E) Shields Law-Enforcement Training Materials Without a “Risk-of-Circumvention” Showing

Grey v. Alfonso-Royals: Fourth Circuit Confirms that FOIA Exemption 7(E) Shields Law-Enforcement Training Materials Without a “Risk-of-Circumvention” Showing

Date: Jun 11, 2025
Grey v. Alfonso-Royals: Fourth Circuit Confirms that FOIA Exemption 7(E) Shields Law-Enforcement Training Materials Without a “Risk-of-Circumvention” Showing I. Introduction Fabian Grey, a Jamaican...
Release-of-Past-Conduct Clause by Monopolists Not an Anticompetitive Practice Under Section 2 of the Sherman Act

Release-of-Past-Conduct Clause by Monopolists Not an Anticompetitive Practice Under Section 2 of the Sherman Act

Date: Jun 10, 2025
Release-of-Past-Conduct Clause by Monopolists Not an Anticompetitive Practice Under Section 2 of the Sherman Act Introduction This commentary examines the Fourth Circuit’s decision in 2311 Racing LLC...
Timely Preservation of Personal Jurisdiction Defense and Waiver under Federal Rule of Civil Procedure 12

Timely Preservation of Personal Jurisdiction Defense and Waiver under Federal Rule of Civil Procedure 12

Date: Jun 10, 2025
Timely Preservation of Personal Jurisdiction Defense and Waiver under Federal Rule of Civil Procedure 12 Introduction In Aida Elzagally v. Khalifa Hifter, Nos. 24-1422, 24-1423, 24-1426 (4th Cir....
Waiver of Personal Jurisdiction Defense Under Rule 12(h)(1): Timeliness Requirement Clarified

Waiver of Personal Jurisdiction Defense Under Rule 12(h)(1): Timeliness Requirement Clarified

Date: Jun 10, 2025
Waiver of Personal Jurisdiction Defense Under Rule 12(h)(1): Timeliness Requirement Clarified Introduction Aida Elzagally v. Khalifa Hifter (Nos. 24-1422 et seq.) is a consolidated appeal arising...
Timely Assertion of Personal Jurisdiction Defenses and Dismissal Protocols: 4th Circuit Clarification in Ali Hamza v. Khalifa Hifter

Timely Assertion of Personal Jurisdiction Defenses and Dismissal Protocols: 4th Circuit Clarification in Ali Hamza v. Khalifa Hifter

Date: Jun 10, 2025
Timely Assertion of Personal Jurisdiction Defenses and Dismissal Protocols: 4th Circuit Clarification in Ali Hamza v. Khalifa Hifter Introduction This consolidated appeal, decided June 5, 2025 by the...
Timely Assertion and Waiver of Personal Jurisdiction Defenses under Fed. R. Civ. P. 12: Ali Hamza v. Khalifa Hifter

Timely Assertion and Waiver of Personal Jurisdiction Defenses under Fed. R. Civ. P. 12: Ali Hamza v. Khalifa Hifter

Date: Jun 10, 2025
Timely Assertion and Waiver of Personal Jurisdiction Defenses under Fed. R. Civ. P. 12: Ali Hamza v. Khalifa Hifter Introduction In Ali Hamza v. Khalifa Hifter, 4th Cir. No. 24-1422 et seq. (Decided...
New Legal Principle: Municipal Liability for Employee Social Media Speech and First Amendment Boundaries (Martin Misjuns v. City of Lynchburg)

New Legal Principle: Municipal Liability for Employee Social Media Speech and First Amendment Boundaries (Martin Misjuns v. City of Lynchburg)

Date: Jun 10, 2025
New Legal Principle: Municipal Liability for Employee Social Media Speech and First Amendment Boundaries Introduction The Fourth Circuit’s decision in Martin Misjuns v. City of Lynchburg, 24-1782...
Waiver and Preservation of Personal Jurisdiction Defenses under Federal Rule 12 and the Limits of Consolidation

Waiver and Preservation of Personal Jurisdiction Defenses under Federal Rule 12 and the Limits of Consolidation

Date: Jun 10, 2025
Waiver and Preservation of Personal Jurisdiction Defenses under Federal Rule 12 and the Limits of Consolidation Introduction Muna al-Suyid v. Khalifa Hifter is a consolidated set of appeals arising...
Preservation and Waiver of Personal Jurisdiction Defenses Under Rule 12(h)(1)

Preservation and Waiver of Personal Jurisdiction Defenses Under Rule 12(h)(1)

Date: Jun 10, 2025
Preservation and Waiver of Personal Jurisdiction Defenses Under Rule 12(h)(1) Introduction In Muna al-Suyid v. Khalifa Hifter, 4th Cir. Nos. 24-1422 et seq. (June 5, 2025), the Fourth Circuit...
Selective Insurance v. Duffy: UIM Non-Stacking for Nonfleet Commercial Vehicles & Single-Accident Cap

Selective Insurance v. Duffy: UIM Non-Stacking for Nonfleet Commercial Vehicles & Single-Accident Cap

Date: Jun 10, 2025
Selective Insurance v. Duffy: UIM Non-Stacking for Nonfleet Commercial Vehicles & Single-Accident Cap Introduction In Selective Insurance Company of South Carolina v. Adam Duffy, the U.S. Court of...
Knowingly Facilitating Straw Firearm Purchases: Aiding and Abetting False Statements under 18 U.S.C. § 922(a)(6)

Knowingly Facilitating Straw Firearm Purchases: Aiding and Abetting False Statements under 18 U.S.C. § 922(a)(6)

Date: Jun 10, 2025
Knowingly Facilitating Straw Firearm Purchases: Aiding and Abetting False Statements under 18 U.S.C. § 922(a)(6) Introduction United States v. Andrew Gearheart, decided June 5, 2025 by the Fourth...
Affirmation of Factual Basis in Federal Pleas & Definition of Lascivious Exhibition under 18 U.S.C. § 2251

Affirmation of Factual Basis in Federal Pleas & Definition of Lascivious Exhibition under 18 U.S.C. § 2251

Date: Jun 10, 2025
Affirmation of Factual Basis in Federal Pleas & Definition of Lascivious Exhibition under 18 U.S.C. § 2251 Introduction In United States v. Mark Van Epern, __4th Cir.__ No. 21-4408 (June 5, 2025),...
Continuing Offenses in Methamphetamine Distribution: Venue at Delivery Under 21 U.S.C. § 841(a) and § 3237(a)

Continuing Offenses in Methamphetamine Distribution: Venue at Delivery Under 21 U.S.C. § 841(a) and § 3237(a)

Date: Jun 10, 2025
Continuing Offenses in Methamphetamine Distribution: Venue at Delivery Under 21 U.S.C. § 841(a) and § 3237(a) Introduction This commentary examines the Fourth Circuit’s decision in United States v....
Ambiguity in Agent Liability on Promissory Notes under Maryland Commercial Code § 3-402(b)

Ambiguity in Agent Liability on Promissory Notes under Maryland Commercial Code § 3-402(b)

Date: Jun 10, 2025
Ambiguity in Agent Liability on Promissory Notes under Maryland Commercial Code § 3-402(b) Introduction Cross River Bank v. 3 Bea’s Assisted Living LLC, decided June 4, 2025 by the United States...
Section 2422(b) as a Categorical Match for INA Aggravated Felony Sexual Abuse of a Minor and Crime of Child Abuse

Section 2422(b) as a Categorical Match for INA Aggravated Felony Sexual Abuse of a Minor and Crime of Child Abuse

Date: Jun 10, 2025
Section 2422(b) as a Categorical Match for INA Aggravated Felony Sexual Abuse of a Minor and Crime of Child Abuse Introduction This commentary examines the Fourth Circuit’s decision in Kevin Kou Chun...
End-of-Storm General Notice Rule: Duty to Remove Ice and Snow on Commercial Premises After a Snowstorm

End-of-Storm General Notice Rule: Duty to Remove Ice and Snow on Commercial Premises After a Snowstorm

Date: Jun 10, 2025
End-of-Storm General Notice Rule: Duty to Remove Ice and Snow on Commercial Premises After a Snowstorm 1. Introduction In Lois Brown v. Wal-Mart Stores East, LP, No. 24-1102 (4th Cir. June 4, 2025),...
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