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  • Commentaries
  • Judgments

4th Circuit Case Commentaries

Limiting Depositions of Corporate Director-Counsel and Excluding Unlawful Disclosures from ADEA Retaliation

Limiting Depositions of Corporate Director-Counsel and Excluding Unlawful Disclosures from ADEA Retaliation

Date: Mar 22, 2025
Limiting Depositions of Corporate Director-Counsel and Excluding Unlawful Disclosures from ADEA Retaliation Introduction This commentary examines the Fourth Circuit’s unpublished decision in Bradford...
Clarifying Transfer Fee Boundaries: Excessive Fee Claims in Homeowners’ Association Transactions

Clarifying Transfer Fee Boundaries: Excessive Fee Claims in Homeowners’ Association Transactions

Date: Mar 20, 2025
Clarifying Transfer Fee Boundaries: Excessive Fee Claims in Homeowners’ Association Transactions Introduction The present case, involving Susan K. Carpenter as trustee for the H. Joe King, Jr....
Broad Interpretation of “In or Affecting Commerce” under 18 U.S.C. § 922(g): Affirming the Interstate Nexus in Firearm Possession Cases

Broad Interpretation of “In or Affecting Commerce” under 18 U.S.C. § 922(g): Affirming the Interstate Nexus in Firearm Possession Cases

Date: Mar 20, 2025
Broad Interpretation of “In or Affecting Commerce” under 18 U.S.C. § 922(g): Affirming the Interstate Nexus in Firearm Possession Cases Introduction The case of United States of America v. James...
Affirming Appellate Waiver Validity in Guilty Plea Proceedings: A New Benchmark

Affirming Appellate Waiver Validity in Guilty Plea Proceedings: A New Benchmark

Date: Mar 20, 2025
Affirming Appellate Waiver Validity in Guilty Plea Proceedings: A New Benchmark Introduction The recent judgment in United States of America v. Jon Alan Davis, rendered by the United States Court of...
No Duty to Enhance Navigational Aids: Discretionary Function Immunity under the SIAA in Penny Barnett v. United States

No Duty to Enhance Navigational Aids: Discretionary Function Immunity under the SIAA in Penny Barnett v. United States

Date: Mar 20, 2025
No Duty to Enhance Navigational Aids: Discretionary Function Immunity under the SIAA in Penny Barnett v. United States Introduction The Fourth Circuit’s decision in Penny Jo Barnett v. United States,...
Affirmation of Section 922(g)(1) Constitutionality and Sentencing Reasonableness: A Detailed Analysis of United States v. Parham

Affirmation of Section 922(g)(1) Constitutionality and Sentencing Reasonableness: A Detailed Analysis of United States v. Parham

Date: Mar 19, 2025
Affirmation of Section 922(g)(1) Constitutionality and Sentencing Reasonableness: A Detailed Analysis of United States v. Parham This commentary provides an in-depth review of the United States Court...
Reaffirming Discretion in Enhanced Sentencing: The Legacy of the First Step Act in Stacked §924(c) Convictions

Reaffirming Discretion in Enhanced Sentencing: The Legacy of the First Step Act in Stacked §924(c) Convictions

Date: Mar 19, 2025
Reaffirming Discretion in Enhanced Sentencing: The Legacy of the First Step Act in Stacked §924(c) Convictions Introduction The case of United States of America v. Jason T. Scott presents an...
The Objective and Readily Verifiable Inaccuracy Principle in Furnisher Investigations under the FCRA

The Objective and Readily Verifiable Inaccuracy Principle in Furnisher Investigations under the FCRA

Date: Mar 19, 2025
The Objective and Readily Verifiable Inaccuracy Principle in Furnisher Investigations under the FCRA Introduction In the case of Shelby Roberts v. Carter-Young, Inc., decided by the United States...
Jury Integrity and Structural Error: A New Standard for Addressing Juror Misconduct and External Influence

Jury Integrity and Structural Error: A New Standard for Addressing Juror Misconduct and External Influence

Date: Mar 19, 2025
Jury Integrity and Structural Error: A New Standard for Addressing Juror Misconduct and External Influence Introduction The judgment in Jeremiah Antoine Sweeney v. Richard J. Graham, Jr., Warden, et...
Data Blocking and Unfair Competition: Establishing New Standards for Automated Access in Health Information Systems

Data Blocking and Unfair Competition: Establishing New Standards for Automated Access in Health Information Systems

Date: Mar 15, 2025
Data Blocking and Unfair Competition: Establishing New Standards for Automated Access in Health Information Systems Introduction The recent judgment in Real Time Medical Systems, Inc. v....
Affirming Sentencing Discretion and Inmate Medical Care: A New Benchmark in Pre-Trial and Sentencing Review

Affirming Sentencing Discretion and Inmate Medical Care: A New Benchmark in Pre-Trial and Sentencing Review

Date: Mar 15, 2025
Affirming Sentencing Discretion and Inmate Medical Care: A New Benchmark in Pre-Trial and Sentencing Review Introduction The case of United States of America v. Kamron Eugene Miller, Sr. presents a...
New Precedent on Tolling the Statute of Limitations in Tax Collection: The Installment Agreement Controversy

New Precedent on Tolling the Statute of Limitations in Tax Collection: The Installment Agreement Controversy

Date: Mar 15, 2025
New Precedent on Tolling the Statute of Limitations in Tax Collection: The Installment Agreement Controversy Introduction The case of United States of America v. Arthur T. Stover and Gigi Stover...
Timeliness and Procedural Forfeiture in Criminal Garnishment and Restitution Appeals

Timeliness and Procedural Forfeiture in Criminal Garnishment and Restitution Appeals

Date: Mar 15, 2025
Timeliness and Procedural Forfeiture in Criminal Garnishment and Restitution Appeals Introduction The case of United States of America v. Lorene Chittenden presents a multifaceted examination of...
Balancing Sovereign Immunity and Individual Accountability: New Precedents in First Amendment Retaliation Claims

Balancing Sovereign Immunity and Individual Accountability: New Precedents in First Amendment Retaliation Claims

Date: Mar 14, 2025
Balancing Sovereign Immunity and Individual Accountability: New Precedents in First Amendment Retaliation Claims Introduction The Judgment in Arthur M. Love v. Larry Hogan et al. represents a nuanced...
Reaffirming the Attempted Murder Cross-Reference: Implications for Voluntary Intoxication in Federal Sentencing

Reaffirming the Attempted Murder Cross-Reference: Implications for Voluntary Intoxication in Federal Sentencing

Date: Mar 14, 2025
Reaffirming the Attempted Murder Cross-Reference: Implications for Voluntary Intoxication in Federal Sentencing Introduction The case of UNITED STATES OF AMERICA v. SAMMY LEE ELLIS, JR., adjudicated...
Ensuring Adequate Discovery and Support for Pro Se Plaintiffs in Mental Health Treatment Cases

Ensuring Adequate Discovery and Support for Pro Se Plaintiffs in Mental Health Treatment Cases

Date: Mar 14, 2025
Ensuring Adequate Discovery and Support for Pro Se Plaintiffs in Mental Health Treatment Cases Introduction The case of Brian Damon Farabee v. Dr. Robert Gardella, Christy F. McFarland, and Daniel...
Unilateral Modification Authority and the Formation of Arbitration Agreements: A New Precedent in Maryland Contract Law

Unilateral Modification Authority and the Formation of Arbitration Agreements: A New Precedent in Maryland Contract Law

Date: Mar 14, 2025
Unilateral Modification Authority and the Formation of Arbitration Agreements: A New Precedent in Maryland Contract Law Introduction The judgment in Tiffany Johnson; Tracy I. Crider, individually and...
New Precedent on Content-Based Speech Restrictions: Unconstitutional Application of "Vulgar" Language Provisions

New Precedent on Content-Based Speech Restrictions: Unconstitutional Application of "Vulgar" Language Provisions

Date: Mar 14, 2025
New Precedent on Content-Based Speech Restrictions: Unconstitutional Application of "Vulgar" Language Provisions I. Introduction The recent Fourth Circuit decision in Michael Moshoures v. City of...
New Precedent on Tailored Digital and Employment Restrictions in Child Pornography Cases

New Precedent on Tailored Digital and Employment Restrictions in Child Pornography Cases

Date: Mar 13, 2025
New Precedent on Tailored Digital and Employment Restrictions in Child Pornography Cases I. Introduction The United States Court of Appeals for the Fourth Circuit recently affirmed a criminal...
Ambiguity in Insurance Provisions: Favoring the Insured under South Carolina Law

Ambiguity in Insurance Provisions: Favoring the Insured under South Carolina Law

Date: Mar 13, 2025
Ambiguity in Insurance Provisions: Favoring the Insured under South Carolina Law Introduction The case of JW Aluminum Company v. ACE American Insurance Company; Westport Insurance Corporation; AIG...
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