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  • Commentaries
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4th Circuit Case Commentaries

Permissibility of Accent-Based Peremptory Strikes and Eleven-Member Jury Deliberations

Permissibility of Accent-Based Peremptory Strikes and Eleven-Member Jury Deliberations

Date: Apr 11, 2025
Permissibility of Accent-Based Peremptory Strikes and Eleven-Member Jury Deliberations Introduction This commentary examines the United States Court of Appeals for the Fourth Circuit’s decision in...
United States v. Rodriguez: Accent-Based Peremptory Strikes and Rule 23(b) Eleven-Member Jury Validated

United States v. Rodriguez: Accent-Based Peremptory Strikes and Rule 23(b) Eleven-Member Jury Validated

Date: Apr 11, 2025
United States v. Rodriguez: Accent-Based Peremptory Strikes and Rule 23(b) Eleven-Member Jury Validated Introduction This consolidated appeal arises from the convictions of four defendants—Jose Joya...
Forced Labor Statute Encompasses Domestic Familial Relationships: United States v. Chaudhri Precedent

Forced Labor Statute Encompasses Domestic Familial Relationships: United States v. Chaudhri Precedent

Date: Apr 9, 2025
Forced Labor Statute Encompasses Domestic Familial Relationships: United States v. Chaudhri Precedent Introduction United States v. Mohammad Chaudhri, decided April 8, 2025 by the Fourth Circuit,...
Scope of the Fifth Amendment Privilege in Post-Conviction Sentencing: Abuse of Discretion Standard in United States v. Oliver

Scope of the Fifth Amendment Privilege in Post-Conviction Sentencing: Abuse of Discretion Standard in United States v. Oliver

Date: Apr 9, 2025
Scope of the Fifth Amendment Privilege in Post-Conviction Sentencing: Abuse of Discretion Standard in United States v. Oliver Introduction United States v. Winston Sylvester Oliver, II, 23-4544 (4th...
Finality Requirement in Multi-Claim Orders: Non-Appealability of Partial Dismissals Without Resolving All Claims

Finality Requirement in Multi-Claim Orders: Non-Appealability of Partial Dismissals Without Resolving All Claims

Date: Apr 9, 2025
Finality Requirement in Multi-Claim Orders: Non-Appealability of Partial Dismissals Without Resolving All Claims Introduction Phyllis Weaver, an African-American pharmacist with recognized...
Affirming the High Bar for Loss Causation: The Inadequacy of Disclaimed Short-Seller Reports

Affirming the High Bar for Loss Causation: The Inadequacy of Disclaimed Short-Seller Reports

Date: Apr 9, 2025
Affirming the High Bar for Loss Causation: The Inadequacy of Disclaimed Short-Seller Reports 1. Introduction In Anthony Defeo v. IonQ, Inc., the Fourth Circuit addressed whether a group of investors...
Forced Labor Statute Encompasses Familial Domestic Servitude: United States v. Zahida Aman

Forced Labor Statute Encompasses Familial Domestic Servitude: United States v. Zahida Aman

Date: Apr 9, 2025
Forced Labor Statute Encompasses Familial Domestic Servitude Introduction United States v. Zahida Aman (4th Cir. Apr. 8, 2025) arises from a forced labor conspiracy in which a mother-in-law, Zahida...
Validating Pandemic-Related and Pretrial Motions Delays Under the Sixth Amendment: United States v. Murdaugh

Validating Pandemic-Related and Pretrial Motions Delays Under the Sixth Amendment: United States v. Murdaugh

Date: Apr 9, 2025
Validating Pandemic-Related and Pretrial Motions Delays Under the Sixth Amendment: United States v. Murdaugh Introduction In United States v. Carl Murdaugh (No. 23-4472, 4th Cir. April 8, 2025), the...
Recognition of Ongoing Retaliatory Abuse as Imminent Danger under PLRA §1915(g)

Recognition of Ongoing Retaliatory Abuse as Imminent Danger under PLRA §1915(g)

Date: Apr 9, 2025
Recognition of Ongoing Retaliatory Abuse as Imminent Danger under PLRA §1915(g) Introduction The Fourth Circuit’s decision in Garfield William Holley v. J. Combs, 22-6177 (4th Cir. Apr. 8, 2025),...
New Precedent: Federal Forced Labor Statute Encompasses Coercive Familial Domestic Service

New Precedent: Federal Forced Labor Statute Encompasses Coercive Familial Domestic Service

Date: Apr 9, 2025
New Precedent: Federal Forced Labor Statute Encompasses Coercive Familial Domestic Service Introduction United States v. Mohammad Nauman Chaudhri, et al., decided April 8, 2025 by the Fourth Circuit,...
Limiting “Incidental Operations” Coverage to the Named Insured Department

Limiting “Incidental Operations” Coverage to the Named Insured Department

Date: Apr 9, 2025
Limiting “Incidental Operations” Coverage to the Named Insured Department Introduction The Fourth Circuit’s decision in Travelers Indemnity Company v. American Alternative Insurance Corp. (No....
Limiting “Incidental Operations” Coverage to the Named Insured’s Department

Limiting “Incidental Operations” Coverage to the Named Insured’s Department

Date: Apr 9, 2025
Limiting “Incidental Operations” Coverage to the Named Insured’s Department 1. Introduction In The Travelers Indemnity Company v. American Alternative Insurance Corporation, the Fourth Circuit...
Balancing Confrontation Rights and Hearsay Reliability in Supervised Release Revocation Hearings

Balancing Confrontation Rights and Hearsay Reliability in Supervised Release Revocation Hearings

Date: Apr 8, 2025
Balancing Confrontation Rights and Hearsay Reliability in Supervised Release Revocation Hearings Introduction United States v. Anthony Williams, decided April 7, 2025 by the Fourth Circuit, addresses...
Immunity Boundaries in University Disciplinary Actions: Sovereign and Qualified Immunity Preclude Damages; Ex parte Young Permits Prospective Relief

Immunity Boundaries in University Disciplinary Actions: Sovereign and Qualified Immunity Preclude Damages; Ex parte Young Permits Prospective Relief

Date: Apr 5, 2025
Immunity Boundaries in University Disciplinary Actions: Sovereign and Qualified Immunity Preclude Damages; Ex parte Young Permits Prospective Relief Introduction This commentary examines the Fourth...
Recoupment of Overpaid Pension Benefits: Defining Due Process and Immunity Boundaries

Recoupment of Overpaid Pension Benefits: Defining Due Process and Immunity Boundaries

Date: Apr 5, 2025
Recoupment of Overpaid Pension Benefits: Defining Due Process and Immunity Boundaries Introduction Patsy Talley v. Dale Folwell (No. 24-1215, 4th Cir. Apr. 4, 2025) addresses a fundamental question...
Servicer’s Duty to Evaluate Loss Mitigation Requests Before Foreclosure: The New Rule in John Koontz v. SN Servicing Corp.

Servicer’s Duty to Evaluate Loss Mitigation Requests Before Foreclosure: The New Rule in John Koontz v. SN Servicing Corp.

Date: Apr 5, 2025
Servicer’s Duty to Evaluate Loss Mitigation Requests Before Foreclosure: The New Rule in John Koontz v. SN Servicing Corp. 1. Introduction In John Koontz v. SN Servicing Corporation, 4th Cir. (2025),...
Actual Knowledge Requirement for Beneficiary Bank Liability under UCC §4A-207(b)

Actual Knowledge Requirement for Beneficiary Bank Liability under UCC §4A-207(b)

Date: Apr 3, 2025
Actual Knowledge Requirement for Beneficiary Bank Liability under UCC §4A-207(b) Introduction Studco Building Systems US, LLC (“Studco”) sued 1st Advantage Federal Credit Union (“1st Advantage”)...
District Court Authority to Deny Reconsideration Motions Under Fed. R. Crim. P. 37 During a Pending Appeal

District Court Authority to Deny Reconsideration Motions Under Fed. R. Crim. P. 37 During a Pending Appeal

Date: Apr 3, 2025
District Court Authority to Deny Reconsideration Motions Under Fed. R. Crim. P. 37 During a Pending Appeal Introduction United States v. Telly Armstrong is an appeal from the denial of a...
Bank Liability Under UCC 4A-207: Actual Knowledge Required for Misdescribed ACH Transfers

Bank Liability Under UCC 4A-207: Actual Knowledge Required for Misdescribed ACH Transfers

Date: Apr 3, 2025
Bank Liability Under UCC 4A-207: Actual Knowledge Required for Misdescribed ACH Transfers Introduction This commentary examines the Fourth Circuit’s decision in Studco Building Systems US, LLC v. 1st...
Affirmation of Substantial Evidence in Minor Sex Trafficking Attempts: Clarifying Defendant Knowledge

Affirmation of Substantial Evidence in Minor Sex Trafficking Attempts: Clarifying Defendant Knowledge

Date: Mar 24, 2025
Affirmation of Substantial Evidence in Minor Sex Trafficking Attempts: Clarifying Defendant Knowledge Introduction The case of UNITED STATES OF AMERICA v. DANIEL ALAN PUFF, decided by the United...
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