Extraordinary Circumstances Required to Depose High-Level Executive Officials—And Plaintiffs Must Exhaust “Ordinary” Discovery First Case: In re: Elon Musk, No. 26-1160 (4th Cir. Mar. 4, 2026)...
No Prospective Contractual Shortening of Title VII and ADEA Suit-Filing Timeframes I. Introduction In Natalie Thomas v. EOTech, LLC (4th Cir. Mar. 4, 2026), the Fourth Circuit confronted a recurring...
AWDWIKISI Remains a “Crime of Violence” After Borden; Fourth Circuit Affirms Sentence Via Assumed-Error Harmlessness 1. Introduction In United States v. Malcolm Moore (4th Cir. Mar. 2, 2026)...
ERISA §1182 Claims-Experience Discrimination Requires Discriminatory Intent; Lifetime-Benefit Assurances Can Support Reformation When Reservation-of-Rights Notice Is Ineffective Case: Benny Fitzwater...
Untimely ERISA Disability Appeal Decisions Forfeit Deferential Review: De Novo Review Applies Absent a Valid Exercise of Discretion Case: Heather Cogdell v. Reliance Standard Life Insurance Company...
Untimely ERISA Disability Appeal Decisions Forfeit Deferential Review (De Novo Applies Absent Timely Exercise of Discretion) 1. Introduction In Heather Cogdell v. Reliance Standard Life Insurance...
Hospital Privilege Control Does Not Establish Joint Employment; Unnamed Employers Require EEOC-Charge Exhaustion Case: Kelly Hoffman v. INOVA Health Care Services (consolidated with Lorraine Biondi...
Fourth Circuit Reaffirms Deferential “Plainly Unreasonable” Review of Supervised-Release Revocation Sentences and Channels Ineffective-Assistance Claims to § 2255 1. Introduction In United States v....
Fourth Circuit Clarifies West Virginia’s Two-Year Limitations Period for All § 1983 Claims, Rejecting Tort-Specific One-Year Borrowing Introduction In Ashley Cooper v. City of Wheeling (4th Cir. Mar....
ERISA Claims-Experience Discrimination Requires Discriminatory Intent; Fiduciary Misstatements Can Support Reformation Where Reservation-of-Rights Was Not Meaningfully Disclosed Introduction In Benny...
ERISA Retiree Welfare Benefits: Intent Required for “Claims Experience” Discrimination and Individual Reliance Governs Fiduciary-Misrepresentation Remedies Introduction In Emmett Casey, Jr. v. CONSOL...
ERISA Retiree Welfare Benefits: Claims-Experience Discrimination Requires Disparate-Treatment Proof; Fiduciary Misrepresentation Turns on Reservation-of-Rights Awareness and Detrimental Reliance 1....
Fourth Circuit: Interlocutory Qualified-Immunity Appeals Cannot Revisit Fact Disputes; Repeated Blows to a Surrendered, Nonviolent Misdemeanant Are Clearly Unconstitutional Introduction In Joshua...
Hospital Clinical-Privilege Control Does Not Create Joint Employment; Private EEOC Communications Do Not Amend a Charge Without Notice Court: United States Court of Appeals for the Fourth Circuit...
Rehabilitation Act Rule: An Employee Who Concedes Inability to Perform Essential Functions Is Not “Qualified,” and Prior-Agency Duties End After Reasonable Reassignment Case: Stephanie Redding v....
Evidentiary Hearing Required When Independent-Source Turns on Disputed Facts About Officers’ Decision to Seek a Warrant Introduction In United States v. John Moore (4th Cir. Mar. 3, 2026)...
Rehaif Rendered Ruan-Based § 841 Mens Rea Claims “Reasonably Available,” Defeating “Cause” for Procedural Default Case: United States v. Okechukwu Dimkpa (4th Cir. Mar. 3, 2026) | Court: United...
Fourth Circuit Reaffirms “Due Weight” Deference to Regularly-Made IDEA Hearing Findings and Requires Showing of FAPE Harm from Procedural Reevaluation Violations 1. Introduction In C.D. v. Arlington...
Enforcing Rule 11(c)(1)(C) Appeal Waivers Absent Plea-Agreement Breach, While Preserving Review of Plea Validity and Counsel-Substitution Claims Case: United States v. Charles Scott (No. 25-4181)...
United States v. Minkkinen: Investigative Preindictment Delay—De Novo Review of Due-Process Balancing and No Dismissal Absent Bad Faith (or Comparable Misconduct) Court: Court of Appeals for the...