4th Circuit Case Commentaries

Pleading Causation and Material-Omission Limits in § 1983 Malicious Prosecution When a Virginia Juvenile Intake Officer Finds Probable Cause

Date: Mar 3, 2026

Pleading Causation and Material-Omission Limits in § 1983 Malicious Prosecution When a Virginia Juvenile Intake Officer Finds Probable Cause Case: L.M. v. Jonathan Graham Court: United States Court...

Release Conditions and Custodian Duties Continue Through Revocation Sentencing and Self-Surrender Under § 3143(a)(1)

Date: Mar 3, 2026

Release Conditions and Custodian Duties Continue Through Revocation Sentencing and Self-Surrender Under § 3143(a)(1) 1. Introduction United States v. Connie Jamerson (4th Cir. Feb. 27, 2026)...

Abandonment on Appeal Can Cure Nonfinal Rule 41 Dismissals; Virginia Landlord Tort Liability Requires Negligent Repair (Not Mere Inspection or Failure to Repair)

Date: Mar 3, 2026

Abandonment on Appeal Can Cure Nonfinal Rule 41 Dismissals; Virginia Landlord Tort Liability Requires Negligent Repair (Not Mere Inspection or Failure to Repair) Introduction In Cheryl Metz v. Laurie...

Title VII Pleading and Exhaustion in the Fourth Circuit: Retaliation Must Be Exhausted and Race-Based Causation Must Be Plausibly Alleged

Date: Mar 3, 2026

Title VII Pleading and Exhaustion in the Fourth Circuit: Retaliation Must Be Exhausted and Race-Based Causation Must Be Plausibly Alleged Introduction In Joann Credle v. Virginia Community College...

Plain-Error Review After Rehaif and Erlinger: Indictment Omissions Do Not Warrant Relief Absent Prejudice

Date: Mar 2, 2026

Plain-Error Review After Rehaif and Erlinger: Indictment Omissions Do Not Warrant Relief Absent Prejudice Introduction In United States v. Neto Audric Dennison (4th Cir. Feb. 24, 2026) (unpublished),...

Contractual Mediation Exhaustion in HOA Declarations & Retroactive Corporate Reinstatement Validating Declarant Succession

Date: Mar 2, 2026

Contractual Mediation Exhaustion in HOA Declarations & Retroactive Corporate Reinstatement Validating Declarant Succession I. Introduction West Neck Community Association, Inc. v. JBWK, LLC is a...

ADR Exhaustion Waiver and Declarant Succession: Enforcing Anti-Commercial-Use Covenants Against a Golf-Course Owner/Declarant

Date: Mar 2, 2026

ADR Exhaustion Waiver and Declarant Succession: Enforcing Anti-Commercial-Use Covenants Against a Golf-Course Owner/Declarant Case: West Neck Community Association, Inc. v. JBWK, LLC (4th Cir. Feb....

Regulatory Takings Ripeness Requires Pursuit of Available Legislative Land-Use Amendments to Obtain a Final Decision

Date: Feb 26, 2026

Regulatory Takings Ripeness Requires Pursuit of Available Legislative Land-Use Amendments to Obtain a Final Decision Case: Garnell Walls v. Prince George's County, No. 25-1121 (4th Cir. Feb. 23,...

Objective Reasonableness Limits FTCA Battery Liability for TSA Groin Pat-Downs Under North Carolina Law

Date: Feb 26, 2026

Objective Reasonableness Limits FTCA Battery Liability for TSA Groin Pat-Downs Under North Carolina Law Case: Erin Osmon v. United States (4th Cir. Feb. 23, 2026) (unpublished, per curiam) Posture:...

West Virginia Consumer Credit and Protection Act §§ 46A-2-127(d) & 46A-2-128 Impose Strict Liability (No Intent Element) for False Representations and Unauthorized Interest Collection

Date: Feb 26, 2026

West Virginia Consumer Credit and Protection Act §§ 46A-2-127(d) & 46A-2-128 Impose Strict Liability (No Intent Element) for False Representations and Unauthorized Interest Collection I. Introduction...

Self-Serving Testimony Without Objective Corroboration May Not Defeat Summary Judgment in Fourth Circuit Title VII Harassment Claims (and FLSA Tipped “Dual Jobs” Claims Remain Subject to a Strict Two-Year Limitations Period Absent Proof of Willfulness)

Date: Feb 26, 2026

Self-Serving Testimony Without Objective Corroboration May Not Defeat Summary Judgment in Fourth Circuit Title VII Harassment Claims (and FLSA Tipped “Dual Jobs” Claims Remain Subject to a Strict...

United States v. Perez: Probable Cause Required to Search a Third Party’s Home Under a Supervisee’s Search Condition; Landlord-Ownership Alone Is Insufficient

Date: Feb 26, 2026

United States v. Perez: Probable Cause Required to Search a Third Party’s Home Under a Supervisee’s Search Condition; Landlord-Ownership Alone Is Insufficient 1. Introduction In United States v....

United States v. Mosley: Joinder Permitted When Drug Trafficking Supplies Motive/Context for Witness-Murder; No Vicarious Fourth Amendment Standing

Date: Feb 26, 2026

United States v. Mosley: Drug-Trafficking Counts May Be Tried with Witness-Murder Counts When They Establish Relationship and Motive; A Co-Defendant Lacks Standing to Suppress Evidence Seized from...

Fourth Circuit: § 1927 Sanctions Cannot Rest on Disproved Pleading Allegations When Counsel Has Nonfrivolous Summary-Judgment Grounds

Date: Feb 23, 2026

Fourth Circuit: § 1927 Sanctions Cannot Rest on Disproved Pleading Allegations When Counsel Has Nonfrivolous Summary-Judgment Grounds Case: Nawal Ali v. BC Architects Engineers, PLC (No. 24-1963) |...

Section 1252(a)(2) Bars District-Court Review of USCIS Adjustment-of-Status Denials and Related Constitutional Claims Outside Removal Proceedings

Date: Feb 22, 2026

Section 1252(a)(2) Bars District-Court Review of USCIS Adjustment-of-Status Denials and Related Constitutional Claims Outside Removal Proceedings Introduction In Michelle Marie Darling v. Director of...

CAT “Acquiescence” Requires More Than Unsolved Crime: Police Response and Anti-Corruption Efforts Defeat Willful-Blindness Claims

Date: Feb 22, 2026

CAT “Acquiescence” Requires More Than Unsolved Crime: Police Response and Anti-Corruption Efforts Defeat Willful-Blindness Claims 1. Introduction In Carlos Borjas Tobias v. Pamela Bondi (4th Cir....

Quantified Response-Cost Proof Required for CFAA $5,000 Loss Enhancement; Diverted Fraud Proceeds Are Not “Reasonable Cost” Under § 1030(e)(11) Clause One

Date: Feb 22, 2026

Quantified Response-Cost Proof Required for CFAA $5,000 Loss Enhancement; Diverted Fraud Proceeds Are Not “Reasonable Cost” Under § 1030(e)(11) Clause One Case: United States v. Ebuka Raphael Umeti...

Contextual “Patently Obvious” Sentencing Explanations Satisfy Procedural Reasonableness Without an Argument-by-Argument Checklist

Date: Feb 22, 2026

Contextual “Patently Obvious” Sentencing Explanations Satisfy Procedural Reasonableness Without an Argument-by-Argument Checklist Introduction In United States v. Talten Hall, Jr. (4th Cir. Feb. 19,...

North Carolina All-Risk Coverage: Exclusion Bars Recovery Only When It Is the Sole Cause of Loss

Date: Feb 22, 2026

North Carolina All-Risk Coverage: Exclusion Bars Recovery Only When It Is the Sole Cause of Loss I. Introduction Wake Chapel Church, Inc. v. Church Mutual Insurance Company is an insurance-coverage...

Deterrence Is Not Enough for ADA Injunctive Standing at Summary Judgment; “Process Failed” Statements Can Create a Jury Issue

Date: Feb 22, 2026

Deterrence Is Not Enough for ADA Injunctive Standing at Summary Judgment; “Process Failed” Statements Can Create a Jury Issue Case: Eleanor McGinn v. Broadmead, Inc. (4th Cir. Feb. 18, 2026)...