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4th Circuit Case Commentaries

Procedural Unreasonableness in Upward Departures: A New Standard for Evaluating Sentencing Evidence and Expert Testimony

Procedural Unreasonableness in Upward Departures: A New Standard for Evaluating Sentencing Evidence and Expert Testimony

Date: Mar 13, 2025
Procedural Unreasonableness in Upward Departures: A New Standard for Evaluating Sentencing Evidence and Expert Testimony Introduction In United States of America v. Tyzheem Kwazhon Nixon, the United...
Defendant Confrontation Rights and the Balancing Test for Hearsay in Supervised Release Revocation

Defendant Confrontation Rights and the Balancing Test for Hearsay in Supervised Release Revocation

Date: Mar 13, 2025
Defendant Confrontation Rights and the Balancing Test for Hearsay in Supervised Release Revocation Introduction The case of United States of America v. Gerald Adrian Wheeler (a/k/a Bay-Bay) presents...
Establishing Digital Manifest Assent: The CuriosityStream Precedent on Online Arbitration Agreements

Establishing Digital Manifest Assent: The CuriosityStream Precedent on Online Arbitration Agreements

Date: Mar 13, 2025
Establishing Digital Manifest Assent: The CuriosityStream Precedent on Online Arbitration Agreements Introduction The case of Rohan Dhruva; Joshua Stern v. CuriosityStream, Inc. presents a landmark...
Reliance on Counsel’s Advice in Chapter 13 Bankruptcy: Enforcing Local Rules and Assessing Sanctions

Reliance on Counsel’s Advice in Chapter 13 Bankruptcy: Enforcing Local Rules and Assessing Sanctions

Date: Mar 10, 2025
Reliance on Counsel’s Advice in Chapter 13 Bankruptcy: Enforcing Local Rules and Assessing Sanctions Introduction The case of Christine M. Sugar, Debtor - Appellant, v. Michael Brandon Burnett;...
New Insights on Statutes of Limitations in Civil Rights Claims: The Inquiry Notice Standard Reinforced

New Insights on Statutes of Limitations in Civil Rights Claims: The Inquiry Notice Standard Reinforced

Date: Mar 10, 2025
New Insights on Statutes of Limitations in Civil Rights Claims: The Inquiry Notice Standard Reinforced Introduction The case of Demetric Simon v. Keith Gladstone, Robert Hankard, Wayne Jenkins,...
Inextricable Federal Nexus in PFAS Litigation: Expanding Removal Jurisdiction under 28 U.S.C. § 1442(a)(1)

Inextricable Federal Nexus in PFAS Litigation: Expanding Removal Jurisdiction under 28 U.S.C. § 1442(a)(1)

Date: Mar 10, 2025
Inextricable Federal Nexus in PFAS Litigation: Expanding Removal Jurisdiction under 28 U.S.C. § 1442(a)(1) Introduction This commentary examines the recent decision of the United States Court of...
Delegation of Arbitrability to Arbitrators: Compelling Arbitration in BSAs

Delegation of Arbitrability to Arbitrators: Compelling Arbitration in BSAs

Date: Mar 10, 2025
Delegation of Arbitrability to Arbitrators: Compelling Arbitration in BSAs Introduction This commentary examines the recent decision from the United States Court of Appeals for the Fourth Circuit in...
Constructive Possession and No-Knock Exception: New Precedents in Drug Distribution and Fourth Amendment Cases

Constructive Possession and No-Knock Exception: New Precedents in Drug Distribution and Fourth Amendment Cases

Date: Mar 6, 2025
Constructive Possession and No-Knock Exception: New Precedents in Drug Distribution and Fourth Amendment Cases Introduction This commentary reviews the recent opinion of the United States Court of...
Battery Storage as a Non‐Generation Resource: Clarifying Exclusive Power Contract Obligations

Battery Storage as a Non‐Generation Resource: Clarifying Exclusive Power Contract Obligations

Date: Mar 6, 2025
Battery Storage as a Non‐Generation Resource: Clarifying Exclusive Power Contract Obligations Introduction The case of APPALACHIAN POWER COMPANY v. FEDERAL ENERGY REGULATORY COMMISSION, with BLUE...
Judicial Discretion in Allocution Limitations: Affirming Controlled Mitigation Rights

Judicial Discretion in Allocution Limitations: Affirming Controlled Mitigation Rights

Date: Mar 6, 2025
Judicial Discretion in Allocution Limitations: Affirming Controlled Mitigation Rights Introduction The case of UNITED STATES OF AMERICA v. CHAD MARQUES JENNINGS centers on a crucial constitutional...
Reaffirming Enhanced Sentencing Adjustments for Leadership and Obstruction: A New Standard in Federal Sentencing

Reaffirming Enhanced Sentencing Adjustments for Leadership and Obstruction: A New Standard in Federal Sentencing

Date: Mar 6, 2025
Reaffirming Enhanced Sentencing Adjustments for Leadership and Obstruction: A New Standard in Federal Sentencing Introduction The Judgment in UNITED STATES OF AMERICA v. BRANDON LLOYD DANIELS...
Establishing Standing in Discrimination Claims: The Imperative of a Concrete, Particularized Injury in Targeted Online Advertising

Establishing Standing in Discrimination Claims: The Imperative of a Concrete, Particularized Injury in Targeted Online Advertising

Date: Mar 6, 2025
Establishing Standing in Discrimination Claims: The Imperative of a Concrete, Particularized Injury in Targeted Online Advertising Introduction The case of Neuhtah Opiotennione v. Bozzuto Management...
Gowen Decision: Affirming Inmates’ Right to Retaliation-Free Grievance Expression under the First Amendment and Due Process

Gowen Decision: Affirming Inmates’ Right to Retaliation-Free Grievance Expression under the First Amendment and Due Process

Date: Mar 6, 2025
Gowen Decision: Affirming Inmates’ Right to Retaliation-Free Grievance Expression under the First Amendment and Due Process Introduction The recent Fourth Circuit decision in the case of Jason Wayne...
Clarification on Concealment Money Laundering and Intended Loss in Sentencing

Clarification on Concealment Money Laundering and Intended Loss in Sentencing

Date: Mar 6, 2025
Clarification on Concealment Money Laundering and Intended Loss in Sentencing Introduction The case of UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHUKWUDI MICHAEL OKWARA, a/k/a Collins Bird,...
New Precedent on Federal Jurisdiction in Arbitration Award Vacatur: The Friedler Standard

New Precedent on Federal Jurisdiction in Arbitration Award Vacatur: The Friedler Standard

Date: Mar 6, 2025
New Precedent on Federal Jurisdiction in Arbitration Award Vacatur: The Friedler Standard Introduction The case at bar, Design Gaps, Inc.; David Glover; Eva Glover v. Shelter, LLC; Dr. Jason...
Municipal Liability and Pretrial Detainee Medical Claims Under Section 1983: Affirmation of Summary Judgment

Municipal Liability and Pretrial Detainee Medical Claims Under Section 1983: Affirmation of Summary Judgment

Date: Mar 6, 2025
Municipal Liability and Pretrial Detainee Medical Claims Under Section 1983: Affirmation of Summary Judgment Introduction In the recent case of John H. Wright, Administrator of the Estate of Chad E....
Trustees’ Standing in Directors & Officers Insurance Disputes: Limiting Trustee Control Over Policy Proceeds

Trustees’ Standing in Directors & Officers Insurance Disputes: Limiting Trustee Control Over Policy Proceeds

Date: Mar 4, 2025
Trustees’ Standing in Directors & Officers Insurance Disputes: Limiting Trustee Control Over Policy Proceeds Introduction In this pivotal appeal from the United States District Court for the Northern...
Attenuated Causation in RICO Claims: Fourth Circuit’s Approach in Xenazine Reimbursement Cases

Attenuated Causation in RICO Claims: Fourth Circuit’s Approach in Xenazine Reimbursement Cases

Date: Mar 2, 2025
Attenuated Causation in RICO Claims: Fourth Circuit’s Approach in Xenazine Reimbursement Cases Introduction In a lengthy and detailed decision by the United States Court of Appeals for the Fourth...
Reclassification of Virginia Robbery: A New Approach to Defining "Crime of Violence" in Federal Sentencing

Reclassification of Virginia Robbery: A New Approach to Defining "Crime of Violence" in Federal Sentencing

Date: Mar 2, 2025
Reclassification of Virginia Robbery: A New Approach to Defining "Crime of Violence" in Federal Sentencing Introduction In the case of UNITED STATES OF AMERICA v. JAROHN PARHAM, the United States...
Affirming the Validity of a Guilty Plea Amidst a Knowing Appeal Waiver: A Comprehensive Analysis

Affirming the Validity of a Guilty Plea Amidst a Knowing Appeal Waiver: A Comprehensive Analysis

Date: Mar 2, 2025
Affirming the Validity of a Guilty Plea Amidst a Knowing Appeal Waiver: A Comprehensive Analysis Introduction This commentary examines the United States Court of Appeals, Fourth Circuit’s decision in...
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